If you are arrested for a DUI and your breath or blood BAC results are .08 or above, there is a good chance the DMV will suspend your driver’s license before any criminal conviction. This is because the DMV suspension is separate from the criminal matter. If law enforcement has reasonable grounds to believe you are intoxicated and were driving, he or she will fill out a Notice of Revocation form, known as form DP45. The officer will then seize your license if you blow a .08 or above, and provide you with the DP45 form to give you notice that your license is being suspended. The DP45 is also a temporary license for up to 7 days.
If you did a blood test the officer will not seize and suspend your license until the blood results come back of .08 or above, which can takes months. Once the officer has grounds to believe you were intoxicated he or she will submit the form to the DMV. You will then be given notice by mail that the DMV is suspending your driver’s license.
Suspension periods vary according to the type of conviction. A DUI 1st conviction will carry a 185 day suspension. However, one may install a breath interlock device and get a restricted license during the 185 day revo period to start driving right away. Cost of this is around 60 dollars a month. You must set this up through the DMV.
A 2nd DUI in 7 years will carry a 1 year suspension and a 3rd DUI in 7 years will carry a 3 year suspension.
If you refused an evidentiary breath test or blood draw and the officer had to obtain a warrant, there is a good chance you will also be facing a license revocation of a minimum 1 year for a first time refusal. This penalty is there to help entice you to incriminate yourself. Our firm has beaten numerous refusal revocations because we know what exactly an officer must do in order to take your driver’s license for a minimum 1 year. In fact, many police officers do not know what is required by law to take your license away for refusing to submit to a test. Contact our firm today if you are facing a revocation for refusing an evidentiary test.
You or your attorney must request a DMV hearing once you are given notice that your license is being suspended. Once requested, the DMV will issue you a temporary driver’s license until there is a DMV hearing and a decision. A DMV hearing is like a mini trial with a lower burden than the criminal DUI case. You can easily lose the DMV hearing, while being found not guilty of the criminal DUI. This is because the DMV only has to prove the offense by “reasonable grounds” and not by “proof beyond a reasonable doubt.”
Even if you do not receive a criminal DUI conviction your license will still be suspended if you lose the DMV hearing. Furthermore, if you win the DMV hearing but lose the criminal DUI, the DMV will have a second chance to suspend your driver’s license. Nevertheless, it is usually is beneficial to request a DMV hearing. The DMV has an unfair advantage because your driver’s license is seen as a privilege and not a right.
If you had your driver’s license suspended and are caught while driving on a suspended driver’s license due to a DUI you may be facing a misdemeanor offense that will carry a minimum 30 days jail or a minimum 60 days of house arrest and a fine. See NRS 483.560.
Our firm will request and attend a DMV hearing on your behalf and our fees include the DMV hearing. Contact us today at 702-895-9111 for a free consultation to discuss your driving privileges.
If you have been charged with the DUI offense, click here for more information.
BREATH INTERLOCK DEVICES AND GETTING YOU LICENSE BACK
For more info on losing your license and getting a breath interlock device to drive, visit our blog on Interlock Devices by clicking here.
This is for informative purposes only. This does not create an attorney-client relationship. Always seek legal advice.
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