In Nevada, if you are arrested for driving under the influence, you might be subject to a driver’s license suspension at both administrative and criminal levels. An administrative penalty is that placed by the Nevada Department of Motor Vehicles (DMV), and the criminal sanction is that which results from a conviction for a DUI offense.
Whether you lose your driving privileges because of an administrative or court decision, the effects on your life can be tremendous, as such a punishment could make it challenging to get to work, school, or to fulfill family obligations. If you drive while your license is suspended, you could be charged with a misdemeanor and face up to 6 months in jail.
You might think that after the suspension period is over your driving privileges are automatically restored. However, that is not the case, and you must file a request to have them reinstated.
How Long Is My Driver’s License Suspended?
The amount of time your driving privileges will be revoked depends on your specific circumstances. The revocation period could be up to 3 years.
Various factors are considered when determining a suspension length, such as:
- Whether or not you refused to submit to an evidentiary test,
- What your blood alcohol concentration level was, and
- If you have any previous DUI convictions
Scheduling a DMV Hearing
The DMV will send you a notice in the mail letting you know that you will lose your driving privileges because of a DUI offense. The letter will state the start and end dates for the period of suspension. If you are appealing the sanction, you must request a hearing with the DMV Office of Administrative Hearings.
During the DMV hearing, you will present your case to an administrative judge, providing support for your claim that the driver’s license sanctions should not be placed. The process for an administrative hearing is similar to a criminal case in that the judge will hear evidence and make a verdict based on the information you provide. However, the scope of the hearing is only to determine if you had an unlawful BAC level or a detectable amount of a controlled substance in your system.
If your request is denied or you fail to schedule the hearing, you will lose your driving privileges for a specific amount of time.
How Do I Restore My Driving Privileges?
The DMV won’t send you a notice that your suspension period is up. It figures that the initial letter you received is sufficient because it alerted you of both the start and end dates.
If you wish to restore your driving privileges before the revocation period ends, you must have an ignition interlock device (IID) put in on any car you drive. A certified manufacturer must install the IID in your car. After you choose an installer, you must contact the DMV to receive information about other requirements you must fulfill to reinstate your privileges.
If your suspension period has ended, you must comply with all reinstatement requirements to get your driver’s license back. You can make a request to the DMV to restore your privileges at any time after the revocation has been lifted.
The conditions for reinstatement may include, but are not limited to:
- Taking a written test
- Providing proof of SR-22 insurance
- Paying reinstatement fees
The DMV might have other requirements for you to fulfill, but it would need to evaluate your specific case to determine what those would be.
Schedule a Free Consultation with the Law Offices of Kenneth A. Stover
If you’ve been charged with a DUI or you’re facing a driver’s license revocation or suspension, our attorney will provide sound legal advice for the process. Whether it’s fighting charges or working toward re-establishing your driving privileges, we will be by your side every step of the way.
Discuss your situation today by calling us at (775) 502-1575 or schedule your free consultation by filling out an online contact form.