Criminal Case vs. DMV Proceeding in a First-Time DUI
Most people understand that they will face criminal penalties if they are arrested for a first-time DUI in Nevada. However, people who have never been arrested for a DUI often do not realize that there is also a significant administrative penalty that is completely separate from their criminal case. The chief administrative penalty for a first-time DUI is that the person’s license will be suspended for 90-days based on the arrest alone. This penalty is handed out by the DMV, not the criminal court.
The DMV sends each person arrested for a first-time DUI a notice of his or her right to challenge the suspension at an administrative hearing. If the person elects to challenge the suspension in a timely manner, the DMV holds an administrative hearing to determine whether to overturn the suspension. The sole issue at the hearing is whether at the time of chemical testing the driver’s blood, breath or urine testing, had a concentration of 0.08 or more in the blood, or any detectable amount of a controlled and/or prohibited substance. Each side is permitted to present evidence and call witnesses at the administrative hearing. However, the burden on the state is very low, and most suspensions are upheld.
A license suspension for a first-time DUI arrest, assuming it is not overturned at an administrative hearing, is a 90-day suspension. What many people do not realize, is that the suspension can be much worse – a full year – a if the defendant did not comply with officer requests for evidentiary testing at the time of the arrest.
Chemical Testing and Potential One Year License Suspension
Most people understand that if they are arrested for a first-time DUI their license will be temporarily suspended. Many of those people also assume that if they win their DUI case, or take a plea deal in a criminal court that their license will immediately be reinstated. This is not the case.
In Nevada, law enforcement officers have the right to request that you submit to a blood, urine, breath or other bodily substance test when an officer has reasonable grounds to believe that you are in control of a vehicle and are under the influence of alcohol or a controlled substance. Nevada law then provides that you, as someone who has chosen to control a vehicle on Nevada roads or publically accessible premises, have consented to the such testing.
In 2015, the Nevada legislature changed the laws with respect to this implied consent. The law now states that if a person refuses to take an evidentiary test, in violation of the implied consent, his or her license must be revoked for one year. Again, whether the person is later found not guilty of a DUI is irrelevant for license suspension purposes.
Obtaining Counsel for Your DUI
It is important for DUI defendants to obtain experienced and competent representation, not only for their criminal DUI case, but for their DMV administrative hearing. Representation at the administrative hearing is key because although the DMV will likely not reverse the license suspension, there are significant advantages to a defendant who challenges the suspension through the administrative process.