DMV License Suspension in Las Vegas

A DUI charge brings several negative consequences with it. As if all of the fines
and possible jail time weren’t enough your license is also suspended due to
the charge. License suspension can be detrimental to a person’s livelihood,
and unfortunately the DMV can suspend your license even if the DUI charges
against you are dropped.

Nevada Revised Statutes (NRS) 484C.220 and 484C.230 relate to DUIs and the
license suspension that follows one. We at the Law Offices of Garrett T. Ogata
know how to handle both the criminal case from the state and the administrative
case from the DMV pending against you. There are two ways that a license can
be suspended stemming from a DUI.

  • Blowing a 0.08 on a breathalyzer administered by a police officer will
    lead him to take your license and provide you with a seven day temporary
    license.
  • If a blood test is performed you will receive your license back from the
    officer. In four to six months the blood test results will come back, and
    if that test shows a 0.08 blood alcohol content or a prohibited substance
    your license will be suspended.

Once your license has been taken or suspended you have SEVEN DAYS to
request a temporary license and an administrative hearing. The hearing is an
administrative matter which is not connected with the criminal charges against
you. The temporary license will be valid until the day of your hearing. If
during this hearing the DMV finds you guilty of a DUI your license will be
suspended even if you were not convicted in state court. The burden of proof
is much lower in the DMV court so the chances of being found guilty are much
higher.

The DMV is a powerful statewide agency that has control over whether you can
drive or not. No one should take on any state agency by themselves even if
there is no risk of jail time. We at the Law Offices of Garrett T. Ogata know
that the inability to drive can hurt many areas of your life so we will work
hard to minimize its damaging effects.

DMV-DUI-process

In Summary:

  • A DUI will trigger a mandatory license suspension
  • Upon blowing a 0.08 or greater, an officer will provide you with a temporary
    license that is good for 7 days to drive on
  • YOU HAVE 7 DAYS TO REQUEST A TEMPORARY LICENSE
    AND AN ADMINISTRATION HEARING
  • If a blood test has been performed, the officer will give you back your
    license to drive on, but once the test results comeback, typically 4 to 6
    months, if the test shows 0.08 or greater, or a prohibited substance, you
    will be notified by the DMV by mail that your license will be suspended in
    7 days
  • You have a right to an administrative hearing, separate from the criminal
    court hearing, and a temporary license if requested in 7 days
  • Your temporary license is good until the administrative hearing, if the
    DMV finds you guilty of a DUI, your license will be suspended accordingly,
    if you are not guilty, then your license will not be revoked
  • DMV hearings are considered Civil in nature, therefore the burden of proof
    is much lower than criminal court
  • Regardless if you are not charged with a DUI in criminal court, if the
    DMV found you guilty of a DUI, your license suspension still remains