Law enforcement uses Nevada’s “Implied Consent” to encourage you to consent to an evidentiary test in Nevada by threatening to revoke your driver’s license for 1 year or 3 years, if you fail to consent to an evidentiary test they are requesting. If an officer has reasonable grounds to believe that you were driving or in actual physical control of a vehicle while under the influence of liquor or a controlled/prohibited substance, he or she shall inform you under Nevada’s Implied Consent law that your permit or license will be revoked if you fail to submit to the test.
Failing to submit to an evidentiary test carries a 1-year revocation or a 3-year revocation if your license/permit has been revoked during the immediately preceding 7 years for failure to submit to an evidentiary test.
Keep in mind that a DUI 1st conviction carries a 90-day driving suspension; a DUI 2nd carries 1-year driving suspension and a felony 3rd DUI carries a 3-year driving suspension, regardless if you submit under implied consent.
Does one incriminate oneself in order to keep your license? That is a tough decision, but if you consent to an evidentiary test you may putting yourself at risk of actually being criminally charged with a misdemeanor DUI or a felony DUI depending on the facts of the case. Furthermore, you may be putting yourself at risk of an equal or longer license suspension.
One may request a DMV hearing to fight the DMV revocation and get a temporary driver’s license until the DMV has made a decision after the hearing. If your license was taken by law enforcement and suspended you need to request a hearing immediately in order not to loose your chance of having a hearing. Contact our firm at 702-895-9111 for a free consultation on Nevada DUI law.
This is for informative purposes only. This does not create an attorney-client relationship. Always seek legal advice.