License suspension following an alcohol-related driving offense is a common penalty in Las Vegas. For most people, especially commercial drivers and caregivers in charge of the elderly and people with disabilities, the decision can be pretty impactful in their everyday lives.
If you are desperate to get your driving privileges and driver’s license back, a Las Vegas DUI attorney can help assess your case and gauge your chance of having the DMV decision reversed. This article will help you get an insight into successfully challenging a license revocation or suspension in Las Vegas, but first, you need to understand the different lengths of license suspension and when each is applicable.
- First time offenders – 90 days
- Second offense – A maximum of 1 year
- Third offense – Up to three years
- Refusing a breathalyzer or blood test – 1-3 years
How to appeal a driver’s license suspension
The first step in challenging a license suspension or revocation is writing to the Nevada DMV for an administrative hearing. Everyone is entitled to an administrative hearing. Your attorney will help build a case for you, guide you through the hearing process, and explain the different stages and terminologies used in the administrative court. As said earlier, they will also help assess your chances of having your suspension reversed for more realistic expectations.
Usually, the exact chemical test you took during your DUI arrest will determine how much time you have before you are legally unable to request an administrative hearing.
You have a maximum of seven days to submit your request if you took a breathalyzer test. If you took a blood test, then you can request the hearing any time before 90 days after the suspension.
What if I’m not a resident of Nevada?
If you live in a different state, say, California and have been arrested for DUI in Nevada, your state’s DMV will be notified about it, and the law of your state will take its course. You will however not be able to apply for a driver’s license in Nevada any time in the future without meeting all due requirements, including having to take fresh driving tests.
Note that the suspension of a driver’s license is not always to punish the driver; sometimes it is a measure to protect pedestrians and other drivers from your dangerous driving.
Hiring a lawyer
You must make full use of your right to seek legal counsel and representation in your appeal. Remember, it is up to you to prove that the DUI allegations were exaggerated or false, so you need a lawyer who has represented someone in a similar situation before.
Winning an administrative hearing doesn’t affect any pending court cases however closely related they are. You can still be fined or handed a jail sentence if the court finds you guilty of a crime committed while you were driving intoxicated. However, regardless of how the court case goes, your driving privileges are important and should be protected by hiring an experienced attorney to represent you in the administrative court.