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.
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
