2.23.2022

What to Do If the DMV Suspends Your License

Written by: The Law Offices of Garrett T. Ogata

An arrest for driving under the influence (DUI) in Nevada might trigger two separate actions. You might face criminal charges and an administrative action through the Department of Motor Vehicles. Your license can be suspended if you are convicted of a DUI, but also if a chemical test indicates that you were driving under the influence. 

At the Law Offices of Garrett T. Ogata, we have defended thousands of clients against drunk driving charges and handled hundreds of DMV hearings. We know what it takes to fight and win DUI cases. If you were arrested for driving under the influence and are facing a license suspension, contact our office at (702) 707-7085 for a free consultation.

Drunk Driving License Suspensions

The Nevada Department of Motor Vehicles suspends drivers’ licenses for several reasons. One of the most common is for driving under the influence. If you are arrested for suspicion of DUI, your license may be seized, and you may be issued an order of revocation by the arresting officer. 

Driver’s License revocation may be issued if a person suspected of driving under the influence:

  • Refuses or fails to submit to a test requested by a police officer;
  • Has a concentration of alcohol of 0.08 or more in their blood or breath; or
  • Has a detectable amount of a controlled or prohibited substance in their blood or urine without a valid prescription.

If your license is seized, you have the right to request a temporary license. The temporary license is issued by the arresting officer and is good for seven (7) days

Challenging a License Suspension

To challenge the automatic suspension or revocation of your license, you must request a hearing through the DMV prior to the expiration of your temporary license. You only have SEVEN DAYS to request an administrative review of the order of revocation. 

The administrative action through the DMV is independent of the criminal case. Your license can still be suspended, even if all criminal charges are reduced or dismissed. 

The Administrative Review for a DUI-Related License Suspension

The scope of the administrative review is extremely limited, and the burden of proof is significantly lower than in a court of law. DMV hearings are notoriously difficult to win without the help of a skilled lawyer. 

At an administrative review, the hearing officer will consider whether you:

  • Failed or refused to submit to a chemical test;
  • Had a blood or breath alcohol concentration of 0.08 or higher at the time of the test; or 
  • Had a detectable amount of a controlled or prohibited substance without a valid prescription in your blood or urine.

If you are facing a license suspension or revocation related to drunk driving charges, you need an attorney. Hiring a lawyer within 7 days of your arrest can help to ensure that you receive an administrative review. Failure to request a hearing before your temporary license expires may result in the automatic suspension of your driving privileges.

What to Know About a Las Vegas DMV License Suspension

The Nevada DMV is a powerful statewide agency that has the ability to suspend or revoke your driving privileges. Your license can be suspended solely off an arrest for suspicion of driving under the influence. It may also be suspended if you are convicted of DUI through the criminal justice system.

The minimum license revocation period was recently increased from 90 to 185 days. Under Nevada law, you may be required to install an ignition interlock device (IID). Installing an IID may enable you to obtain a restricted license.

It is imperative that you consult an attorney immediately after your arrest to protect your rights and your driving privileges.

Facing a DMV License Suspension? Contact Our Office Today!

Are you facing a license suspension related to driving under the influence? Contact our office for a free, no-obligation consultation. Call (702) 366-0891 to discuss your rights with an experienced attorney. Find out about the legal and administrative processes after a DUI arrest and how to fight the charges against you.

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