2.27.2014

Understanding the Nevada Implied Consent Proceeding

Written by: The Law Offices of Garrett T. Ogata

If you’ve been arrested for a DUI in Las Vegas, you should be aware of the rules that are put in place at the state level for DUI cases. One of the most important ones to understand is the implied consent proceeding. What occurs in a typical DUI situation is that your failure to pass a breath test, or refusal to take one at all, means that the state of Nevada will proceed to suspend your license unless you petition to keep it.

If you want to keep your right to drive in Nevada, the responsibility is all yours to request an appeal or a hearing to address implied consent suspension. The window of opportunity for this is usually within seven days. Otherwise, you’re looking at a suspension of 30 or 90 days, up to several years, for your license. Needless to say, this will seriously cripple your ability to work a job or get where you need to go. While driver’s license suspension is only one possible penalty associated with a DUI, it’s the only one where your consent is implied after you’re charged on a drunk driving arrest and you have to fight to reinstate your driving privilege.

What do you do if all of this seems overwhelming or you’re just not sure what the best course of action should be? If you’re determined to contest not only the suspension of your license, but the potential for jail time, fines, mandatory DUI classes, and the revocation of your license, you should turn to a Las Vegas DUI lawyer. Only a competent attorney can guide you through this difficult process and help you attain the best possible outcome.

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