As a driver in Nevada, it’s essential to understand that driving under the influence (DUI) arrests can lead to serious consequences, including the suspension of your driver’s license. At ATAC LAW, we are here to guide you through the DMV hearing process following a DUI arrest and help you avoid a license suspension.
What Is a DMV Hearing and Why Is It Important?
A DMV hearing is a process whereby the Nevada Department of Motor Vehicles (DMV) determines whether to suspend your driver’s license due to a DUI arrest. This hearing is an administrative procedure, not a criminal trial. However, the repercussions of losing this hearing can be severe, making it crucial to comprehend the potential outcomes.
What Happens During a DMV Hearing?
The DMV hearing is an administrative proceeding that takes place outside of the criminal court process. The case is typically heard by a DMV hearings officer at a Department of Motor Vehicles office.
The DMV hearing does not aim to establish your guilt in the DUI charges but rather focuses on determining if there is sufficient evidence to warrant the suspension of your driver’s license. It also provides you with an opportunity to present evidence to support why your license should not be suspended.
During the hearing, the DMV will present evidence related to your arrest circumstances, including the results of any breath, blood, or urine tests. You or your attorney can cross-examine DMV witnesses such as the arresting officer and present your own evidence and arguments.
What Happens if You Lose the DMV Hearing?
If you are unsuccessful at the DMV hearing, your driver’s license will be suspended. The length of the suspension depends on previous DUI offenses and whether you refused to submit to a breath or blood test after the arrest.
If all goes well, the suspension typically begins 25 days after the DMV hearing. The duration of the suspension can vary based on the case specifics.
Can You Appeal a DMV Hearing Decision?
Yes, you have the option to appeal the DMV hearing decision to the appropriate district court. However, there is a brief window in which to take this action, and hiring an experienced attorney is recommended for handling the appeal process.
If you lose both the criminal court case and DMV hearing, you may qualify for a restricted driver’s license, permitting travel to work, school, and medical appointments.
A DUI arrest could lead to a driver’s license suspension in Nevada, and understanding the DMV hearing process is vital to avoid this outcome. If you have been arrested for a DUI, make sure to request a hearing with the DMV within seven days.
Legal References:
Nevada Revised Statutes (NRS) 484C.220: Administrative License Suspension; Conditions for Reinstatement.
NRS 484C.110: Arrest Without Warrant.
NRS 483.463: Evidence on Appeal.
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