One of the most dreaded implications of a DUI case is losing one’s driving privileges. The Department of Motor Vehicles in Nevada imposes a license revocation of 185 days for a first-time DUI offense. However, the penalty increases with each subsequent conviction. A 2nd-time DUI offense results in a license revocation for 1 year, and a 3rd-time offense results in a license revocation for three years.
A DUI defendant in Nevada can avoid license revocation by winning both the DMV hearing and the criminal court. However, even without winning, the defendant may still be able to drive their vehicle during the license suspension period by installing an ignition interlock device (IID) in their vehicle.
In what follows, the DUI defense lawyers in Las Vegas discuss various aspects of license revocation in Nevada. Let’s learn more about it below.
What is the Duration of License Suspension After a DUI in Nevada?
The duration for which an individual’s license is suspended after a DUI depends on the offense. Here’s an overview of how long a driver’s license is suspended after a DUI in Nevada.
| DUI Offense in Nevada | Duration of Driver’s License Revocation |
| 1st-time DUI Offense in 7 years | 185 days License Revocation. |
| 2nd-time DUI Offense in 7 years (including DUI offenses in other states) | 1-year license revocation. |
| Felony DUI which include the following offenses | 3-years license revocation. |
| 3rd-time DUI Offense in 7 years | |
| DUI resulting in death or injury | |
| DUI following a previous felony DUI | |
| Vehicular Homicide |
What Happens When an Arrested Driver Refuses to Submit to a DUI Evidentiary Test?
DUI arrestees who refuse to submit to a DUI evidentiary test after an arrest will also have to experience license suspension for either.
- 1 year, in case of a 1st-time DUI offense where the arrestee has refused a chemical test for the first time in the last seven years; or
- 3 years, in the case that the driver’s license, permit, or privilege to drive has been revoke in the preceding 7 years for failure to submit to a test
The license suspension penalty for refusal to submit to an evidentiary test is in addition to the license suspension penalty for the underlying DUI offense. Keep in mind that the officer can still obtain a warrant to take the evidentiary test without your consent.
If an individual refuses to take the evidentiary test and the forced test is positive, they will incur both penalties consecutively. For example, they would face the 185-day penalty for DUI-1st offense as well as the 1 year penalty for refusing the test for a total of 1.5 years of a suspended license.
As per the laws in Nevada, every driver operating a vehicle in the state gives implied consent to submit an evidentiary blood or breath test following a DUI arrest. Even if the DUI charges are eventually dropped in court, the defendant will still be penalized for refusing to submit to the test and will have to face license suspension by DMV.
When Does the License Suspension Penalty Start?
When the penalty is in effect depends on whether the arrestee chooses to take a blood or breath test. Arrestees who take a breath test following a DUI arrest will have their license confiscated immediately. However, they are given a temporary driving permit which is valid for seven days.
If an arrestee chooses to take a blood test, they can keep their license until they get the test results. They will be notified about the test result and will be given a temporary driving permit which is valid for seven days.
In either case, the defendant will have seven days to request a DMV hearing after receiving a temporary permit. If the defendant fails to request a hearing during this time, the license suspension is in effect as soon as the temporary permit lapses.
In case of requesting a DMV hearing, the DMV will extend the temporary permit until their administrative review has concluded.
Here’s an overview of when the license suspension starts.
| DUI Defendant | When Does License Suspension Start? |
| Breath Test and DMV hearing | License suspension is immediately in effect when the judge rules against the defendant. |
| Breath Test with no DMV hearing | When the temporary permit lapses (7 days after the arrest) |
| Blood Test and DMV hearing | License suspension is immediately in effect when the judge rules against the defendant. |
| Blood Test with no DMV hearing | 7 days after receiving the blood test results |
Note that if a defendant refuses to submit to an evidentiary test and is forced to take a blood test will have their license confiscated immediately and incur a 1-year license suspension penalty. If a defendant refuses to submit to an evidentiary test, and they have had their license revoked in the past 7 years, their license will incur a 3-year license suspension penalty.
How Can the Defendant Keep Their License?
As discussed in the section above, DUI defendants can contest their driver’s license suspension by requesting a DMV hearing.
DMV hearings are not court trials but administrative hearings that allow defendants and their attorneys to present evidence and arguments to cross-examine the prosecutor. Today, most DMV hearings are conducted by telephone instead of physically taking place at the DMV office.
Note that a DUI defendant must win both criminal cases as well as DMV hearing to avoid license suspension. If a defendant wins an administrative hearing but not the criminal case or vice versa, he/she will still have to face license suspension.
It is recommended that defendants hire a DUI defense attorney to represent their case at both the DMV hearing and criminal court.
Practically, it’s more challenging to win DMV hearings compared to criminal cases as the prosecutor has to prove guilt beyond a reasonable doubt in criminal cases, whereas DMV hearings have a much lower burden of proof.
However, it is still recommended to contest DMV hearings as it provides an opportunity for defense attorneys to highlight arguments against the prosecutor which can prove to be helpful in the criminal case.
How Can a Driver Reinstate a Driver’s License?
The driver’s license isn’t automatically reinstated at the end of the license revocation period. The defendant must follow the protocol as recommended by DMV for license reinstatement and physically receive a new license.
The procedure includes purchasing SR-22 documentation which is proof of financial responsibility, and the defendant has to maintain it for three consecutive years.
Can a Driver Continue to Drive With a Revoked License?
Whether a DUI defendant in Nevada can continue to drive during the driver’s license suspension period depends on the specific charge.
| DUI Offense in Nevada | When Can the Defendant Resume Driving |
| 1st– Time DUI Offense | Upon installation and proof to DMV of installation of Ignition Interlock Device |
| 2nd – Time DUI Offense | Upon installation and proof to DMV of installation of Ignition Interlock Device |
| Felony DUI (including 3rd-Time DUI Offense) | Upon installation and proof to DMV of installation of Ignition Interlock Device |
In case of continuing to drive with a suspended license, the penalty includes:
- Monetary fine of up to $1,000, and
- Up to 6 months in prison, or
- House arrest for up to 6 months
Contact The Bourassa Law Group today for more answers regarding DUI charges in Nevada.