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By: Law Offices of Mace J. Yampolsky

How Long Is My License Suspended for a DUI

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How long is my license suspended for a DUI? Driving under the influence (DUI) of alcohol is highly dangerous. As a result, driving under the influence is punishable by severe laws in many states, including Nevada.

A driver’s license suspension is one of the consequences of a DUI in Nevada. (Note: The DMV will suspend your driving rights, but for the sake of this article, we are using the phrase license suspension.) A license suspension can result in fines, possible jail time, and mandatory community service, and it can also make it difficult to do daily activities like buying groceries or traveling to work.

You should make every effort to prevent having your license suspended if you or a loved one are arrested for driving under the influence in Nevada. Fortunately, if this is your first DUI arrest, you may not immediately lose your driver’s license; nonetheless, you may need to fight to keep your driving privileges.

We at the Law Offices of Mace J. Yampolsky Criminal Defense Las Vegas are prepared to defend your federal and state constitutional rights in court because our attorneys have great experience with DUI law in Las Vegas. We will use everything possible to keep your right to drive freely in Nevada.

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Understanding DUI Penalties in Nevada

Nevada has two types of license suspensions for driving under the influence. The criminal court distributes one, while the Department of Motor Vehicles (DMV) distributes the other. That’s how it works.

The arresting officer will take your driver’s license and provide you with a 30-day interim license if you are detained in Nevada on suspicion of DUI. You have ten days from your arrest to request a DMV Administrative Per Se (APS) hearing through the Nevada DMV’s Driver’s Safety Office. When the 30-day temporary license expires, your license will immediately be suspended, and you will lose the opportunity to request an APS hearing.

An administrative suspension issued by the DMV, unrelated to your criminal case, is imposed if your APS hearing is held without success or if one is not scheduled. If your DMV hearing is successful, your license will unlikely be suspended. Your license will be suspended for roughly four months if you lose it during the DMV hearing or choose not to schedule a hearing.

Your driver’s license may be suspended for over a year or more if you refuse to submit to a breathalyzer or blood test following the arrest or if you have a history of DUI convictions. However, the DMV will not suspend your driver’s license administratively if the blood alcohol content (BAC) is measured at less than .08.

You can defend yourself during an APS hearing through the DMV and set up your hearing with the help of an accomplished DUI lawyer in Las Vegas. Having an attorney on your side increases your chances of winning an APS hearing, even if it might be challenging.

DMV License Suspensions

When the police initially take you into custody, they send your records to the DMV, which suspends your license. Following that, you will have around ten days to appear in person for an administrative licensing hearing. During this hearing, you can prove your innocence and present your case to the DMV. 

If this is your first DUI offense, the DMV will suspend the license for four months. If your license is suspended, but you require it to drive to work, travel to court, attend DUI sessions, etc., you have a choice of a limited license. 

How Does a Court-Ordered Suspension Work?

One of the consequences of being found guilty of any DUI conviction is having your license suspended. Although it’s more correctly described as “court triggered,” this is frequently called a court-ordered suspension. The DMV handles the license suspension entirely after receiving a court report about your conviction.

However, there are a few differences between the “administrative” suspension issued by the DMV and this court-mandated suspension, including:

  • Even if you are not found guilty, administrative suspension may begin within 30 days after your arrest. Only a conviction results in a suspension ordered by the court.
  • A DMV hearing is where you can contest the administrative suspension. A suspension imposed by a court cannot be appealed.
  • An administrative suspension is typically far shorter than one that a court orders.

Whether it’s a first DUI or another DUI will determine the precise duration of your court-imposed suspension.

The Differences Between the DMV & the Court

The DMV hearing and the criminal court proceeding are distinct and unrelated. Both will affect your driving privilege, although the criminal court case primarily concerns whether you’re guilty of a crime. Additionally, each has a different set of rules for evidence. Certain evidence deemed admissible in the DMV hearing can not be accepted in a criminal case.

The following are some further differences between the DMV hearing and the criminal court proceedings:

  • In some cases, all criminal court procedures need your presence or the attendance of your attorney. Setting up a DMV APS hearing is optional.
  • The result of your DMV hearing has no bearing on the DUI court proceedings. Officers from the DMV are only responsible for violating your driving privileges.

Getting your DMV suspension lifted is possible if you are found not guilty in your criminal case. Having a Las Vegas DUI attorney on your side may significantly affect the result of your case because a DUI is a serious offense with actual consequences.

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What is the Nevada DUI/drunk driving suspension?

The Nevada Department of Motor Vehicles immediately suspends the license for 90 days once you are found guilty of a DUI offense. You will be suspended for a year if found guilty of a second offense in seven years. You could lose your license for at least three years if you receive a third DUI. In addition, there are rules that you must adhere to have your license reinstated.

How Do I Know If My License Is Revoked or Suspended? What Is The Process For Revocation Or Suspension Of A DUI License?

In Nevada, notice regarding the effective dates of a license suspension is sent to you via mail. Additionally, you are entitled to a copy of your driver’s license, which shows the date of your revocation. The arresting officer takes away your driver’s license upon the first DUI arrest. They give you a temporary license and notify the Nevada DMV about the arrest through paperwork.

There’s little time left for you to ask for a hearing about the revocation of your license. Don’t hold off on taking the DUI case to a hearing on its merits. You have to ask for a hearing regarding suspending your DUI license immediately.

How Can I Get My License Back After Nevada Revocation or Suspension?

After a suspension, you must prove to the DMV that you met the requirements to get your license back. Form SR-22 is required to provide evidence of your auto insurance. Usually, the fundamental criminal charges must be settled by a verdict of innocence or guilt or by having the case dismissed.

In many DUI cases, the Nevada DMV cannot reinstate your license until you have completed alcohol treatment and completed an alcohol education course. You might need to provide proof that you’ve finished three years of alcohol treatment if this is your third suspension.

Other Factors That Could Impact the Suspension of Your DUI License

The minimum sentences listed above are all based on the assumption that you were merely found guilty of a standard misdemeanor DUI. Complicating factors may prolong the duration of a suspension. Among them are:

  • You are bound to be suspended for at least a year if you are arrested for DUI while under the age of 21.
  • Similarly, you will receive an additional year of suspension if you were previously on probation for a previous DUI at the time of your arrest for the current DUI.
  • For the initial, second, and third offenses, you face an additional one, two, or three additional years of suspension when you refuse a chemical test.
  • DUIs that result in death or serious harm may result in an extended license suspension or perhaps a permanent suspension.

You should speak with a knowledgeable DUI attorney in Las Vegas if you require more detailed information on your particular DUI case. While most circumstances fall within this basic category, there are certain exceptions and loopholes. Getting legal representation is the only way to determine precisely how long your license will be suspended. 

How Will a License Suspension Affect My Life?

In addition to the apparent impact of being unable to drive, a DUI conviction could result in several issues in the future, including: 

  • Failure to gain admission to a university or college
  • Job termination or inability to find work 
  • High insurance premiums 
  • Being ineligible for service in the military 

As you know, being found guilty and having your license revoked have permanent repercussions. It is because the conviction and suspension harm your life and become a permanent part of your record. 

Hire a Las Vegas DUI Lawyer to Fight Against a DUI License Suspension

Avoid incurring these fines, mainly if this is your second or third offense. Everyone deserves a second opportunity, and you shouldn’t have to lose everything because of one mistake. 

You can get help from our skilled Las Vegas DUI attorneys in many ways. Our years of expertise have taught us how to defend even the most difficult situations successfully. 

Contact our Nevada DUI Lawyers Today

If your everyday activities depend on your driver’s license, a DUI arrest in Nevada is a serious matter. Fortunately, a Las Vegas DUI attorney can employ a variety of strategies to have the charges dropped or reduced if this is your first arrest.

Our lawyers at the Law Offices of Mace J. Yampolsky Criminal Defense Las Vegas will try to prevent your license from being suspended. For a free consultation about your case, call us at (702) 385-9777 if you or someone you love is facing a DUI charge in Nevada.