A DUI for the first-time in Nevada results in a license revocation for 185 days. That said, one may be able to continue to drive right away if a court orders that their vehicle is equipped with an IID (Ignition Interlock Device).
If you want to avoid both the IID requirement as well as a license revocation, you must win both your DMV hearing as well as your criminal case. Keep in mind that these two are separate proceedings.
You should also remember that with each successive DUI, the period of your license revocation increases:
| DUI offense within a seven-year period | Nevada driver’s license revocation period |
| 1st DUI | 185 days* |
| 2nd DUI | 1 year* |
| 3rd DUI | 3 years* |
| *It may be possible to drive right away with an ignition interlock device. | |
Here, our Las Vegas DUI defense attorneys will discuss the following matters:
- Will a first-time DUI in Nevada result in losing your license?
- How soon will your license be revoked by the DMV?
- Can the license revocation be fought?
- How to get your license reinstated?
1. Will a First-Time DUI in Nevada Result in Losing your License?
A first-time DUI, in a period of seven years, in Nevada, results in a driver’s license revocation for 185 days.
The revocation of your license can be contested at a DMV hearing, the details of which are discussed below. However, losing the DMV hearing does not mean that you cannot drive, as you can continue to do so across the revocation period of 185 days, but only if the court orders you to get an IID (ignition interlock device) installed in your vehicle.
You will have to get your IID installed by a service interlock provider that is certified. An IID is basically a breathalyzer and functions by disabling your vehicle in the case of the detection of alcohol on your breath.
Installation of an IID costs around $150. You will need to also pay $100 a month, per vehicle, to maintain the device. You will also have to pay all costs related to the repair, calibration, and removal of the IID.
On the other hand, if you choose to not get an IID installed on your vehicle, you may not be allowed to drive at all throughout your revocation period of 185 days and you may not even be issued a restricted license to drive to work and home.
2. How Soon Will Your License Be Revoked by the DMV?
Well, it depends.
Upon a DUI arrest in Nevada, you need to submit to an evidentiary test to check if your BAC (Blood Alcohol Concentration) is illegal (which is .08% or higher). Often, this comes from the results of a breath or a blood test.
However, if you are suspected of DUI of drugs, you will be required to give a blood sample.
In the following two cases: if you refuse to take a test, or if you fail your breathalyzer test, your driver’s license will be confiscated, and you can request a temporary license with a validity of seven days.
In the case of choosing to take a blood test, you stay in possession of your driver’s license until the results (that usually take several weeks to come back) show that you have failed. In that case, you get notified by the DMV via a certified mail which has a seven-day temporary license enclosed as well.
Another option is to request your DMV hearing before the expiration of your temporary license. In that case, the DMV issues an additional temporary license for the time it takes to complete the review. You are not required to install an IID during the period of administrative review.
3. Can the License Revocation be Fought?
Luckily, yes. You can appeal your case and contest your license revocation with the Nevada DMV by requesting an administrative hearing. It is important to note that the DMV hearing must be requested before the expiry of your seven-day temporary license.
Even though the DMV hearing and your criminal case are entirely separate, mini-trials and DMV hearings are similar in the sense that you can cross-examine witnesses and present evidence in both.
However, losing the criminal case will get your driver’s license revoked even if you win your DMV hearing. On the other hand, if you lose your DMV case, the DMV will revoke your driver’s license even if you win the criminal case.
Hence, you can only avoid the suspension of your license by winning both the criminal case and the DMV hearing.
The good thing is that both the cases can be handled by your defense attorney.
4. How to Get Your License Reinstated?
After a DUI license revocation, you will have to apply for a new driver’s license once the period of revocation ends. The process involves you having to appear at a DMV office in person to take a new photograph, and fill out the proper application.
Get in touch with the Nevada DMV for information and instructions on your particular case.