Hill Firm

Blog

Your top of mind legal questions, answered.

What Will Happen to My Driver's License After A DUI In Las Vegas?

ORIGINAL Hill 1 October 2017.jpg

After a DUI arrest, one of the first worries that can come to a driver’s mind is “what is going to happen to my license?”

That mistake of getting behind the wheel following a few too many drinks can suddenly make life so much more difficult, and that can come in the form of no longer being able to get from point A to point B easily.

What happens following an arrest when it comes to a driver’s license?

Request for an Administrative Hearing

If it is a first DUI, one is entitled to an administrative hearing.

The purpose of this hearing is to determine whether the defendant did have a blood alcohol content (BAC) higher than the legal limit at the time of testing.

If concerned that an arrest may result in the loss of driving privileges, it is recommended to contact an attorney who is experienced in Nevada DUI law.

If the driver’s license was not returned after arrest, there is sometimes a very short window to request a hearing before the revocation of the license is automatic. An attorney is not needed for this administrative hearing, but it is always recommended.

First DUI Offense

If this is the first time the driver has received a DUI, that person’s license will be suspended for a period of 90 days.

The driver can apply for a hardship license after 45 days of this suspension period has passed.

In order to receive a hardship license, the driver will need to give proof to the DMV of financial responsibility by submitting a Nevada SR22 policy that shows the state’s minimum car insurance coverage limits are being met.

Second DUI Offense

If the driver is facing a second DUI offense, his or her driver’s license will be revoked for one year. The license revocation period will not start until the day the driver is released from jail.

Because this is a second offense, the driver will not be eligible for a restricted license.

However, he or she will be required to provide proof of financial responsibility in the form of a Nevada SR22 policy before being eligible for license reinstatement. The driver will be required to keep this SR22 policy for a period of three years.

Third DUI Offense

Following a third DUI offense, the driver should expect to have his or her license revoked for three years. This license revocation period does not begin until the day after being released from jail.

Third time offenders can be eligible for a restricted license after one year of their revocation has passed, provided they meet requirements set by the DMV.

One of these requirements include installation of an ignition interlock device on the car. The driver will also be required to provide proof of a Nevada SR22 policy and will be required to keep the policy for three years.

Restricted Driver’s License

Drivers who are facing their first and third DUI offense(s) may be able to apply for a restricted license. This allows that person to drive for a total of ten hours, six days a week, for purposes of going to and from work only.

First DUI offenders may apply for a restricted license after 45 days of the revocation period has passed. Third time offenders can apply after one year of the three-year revocation period has passed. Second time offenders are not eligible.

To receive a restricted license, the driver needs to fill out an Employed Restricted License Application or Unemployed Restricted License Application.

The driver will also need to provide proof of financial responsibility in the form of a Nevada SR22 insurance policy, successfully complete required written, vision and driving tests through the DMV, provide proof that the ignition interlock device has been installed on the car, if required, and proof of completion or enrollment in traffic school.

DUI Offenders under the Legal Age

If the driver is under the legal age for consumption of alcohol, the offenses may change. The driver’s license may be suspended or revoked for a period of 90 days for a first DUI offense with a BAC between 0.02 and 0.08 percent.

The driver will also be required to go through an alcohol and drug assessment and treatment program. Two or more offenses under the age of 21 will result in the driver’s license being suspended or revoked.

If the driver is under age and also has a BAC of 0.08 percent or higher, that person will face the same charges as someone who is over the age of 21.

Contact Us Today!

If you have been arrested for a DUI while visiting our state, it is important you contact the Hill Firm today.

We can meet with you to discuss your rights and all potential legal consequences from your arrest.

Contact us at (702) 848-5000 for your free consultation today.

Dan Hill