In the United States, driving is a privilege, and each state has the ability to revoke that privilege if they feel a driver has acted irresponsibly. Licenses are issued based on certain requirements and with certain rules in place. Failing to meet those requirements or breaking the rules can lead to losing a license. Penalties are especially strict for drivers who lose their privileges due to a DUI. The loss of driving privileges can be devastating for certain people and getting them back can be difficult. However, it is a possibility in some cases, and certain legal strategies can be used to help aid in this process.
Driver’s License Requirements in Nevada
Each state has distinct requirements for issuing driver’s licenses. In the state of Nevada, the requirements to receive a driver’s license are as follows:
First, the person seeking a license must apply for a Nevada Instruction
Permit, which is the steppingstone to a full Driver’s License. To
be eligible for the permit, a person must:
- Be able to provide proof of their identity
- Live in the state of Nevada and provide a Nevada address
- Inform the Department of Motor Vehicles of any preexisting permits or identification cards
- Apply for the permit in person at a Department of Motor Vehicles location
- Pay the required fees, which are applicable to testing and the permit itself
- Pass a vision test
- Pass a written knowledge test
- Have their picture taken
- If the applicant is younger than 18, they must complete a driver’s education course. This requirement can be fulfilled by taking a course and completing 50 hours of supervised driving, or solely by 100 hours of supervised driving.
- After a permit is granted and all requirements have been met, an applicant can take a driving skills test to receive a full driver’s license.
Why Would Someone Lose Their Driving Privileges?
To ensure that roads are safe for all drivers, the state of Nevada penalizes those who drive under the influence, who do not maintain their vehicles in a safe manner, and/or who otherwise endanger other drivers. In some cases, the state will remove someone’s driving privileges as punishment. Here are the most common reasons driving privileges are revoked:
- Driving under the influence: Anyone caught driving under the influence of drugs or alcohol will have their license suspended. The duration of the suspension depends on how severe the violation was.
- Refusing a chemical test: If someone is pulled over on suspicion of a DUI and they refuse to comply with chemical testing, their license will be suspended.
- Driving without a license: If someone is driving without their license on them, their driving privileges can be suspended.
- Driving with a suspended license: Anyone caught driving with a license that has already been suspended will see the duration of their suspension increase, and they may receive a prison sentence of up to 5 years in length. The amount of time added to their license suspension will depend on why their license was initially suspended.
- Driving uninsured: Proper insurance is a legal requirement for all vehicles in Nevada. If a driver is caught operating an uninsured vehicle, their license may be suspended.
- Violating driving-related laws: If someone engages in any activity that qualifies as reckless driving, if they are at fault in certain accidents, if they are involved in street racing, and more, they can find themselves with a suspended license.
- Failure to pay: If someone fails to make payments on certain government-mandated accounts, such as child support, traffic tickets, or car registration, their license may be suspended. This also applies to anyone who tries to pay these fees with a check that bounces.
- Disqualification due to physical or psychological reasons: If the DMV determines that a person is temporarily unfit to drive, physically or mentally, they may suspend that person’s license until they have regained the faculties needed to safely operate a vehicle. The DMV can order re-evaluations to make such determinations.
License Suspensions Due to DUIs
All drivers convicted of a DUI will face a license suspension; the length of their suspension will be based on a few key factors. These factors include whether it was their first DUI and whether it was considered a felony DUI. Some of the terms regarding license suspensions for DUIs in Nevada are as follows:
- A driver convicted of their first DUI (or first DUI within 7 years) will have their license suspended for at least 185 days. However, many defendants in this situation are allowed to continue driving if they consent to installation of an ignition interlock device in their vehicle.
- A driver convicted of their second DUI within 7 years (including DUIs they received in other states) will have their license suspended for one full year. There is no option for drivers in this situation to continue driving with an ignition interlock device or otherwise.
- A driver convicted of a felony DUI will have their license suspended for 3 years. Many drivers in this situation are allowed to begin driving again after the first year if they consent to an ignition interlock device.
Felony DUI is one of the most serious driving offenses, and the license suspension that follows is the most serious in conjunction. A felony DUI in Nevada could be a 3rd DUI within 7 years, a DUI that resulted in death or injury, any DUI that happens after a felony DUI conviction, or a DUI that results in vehicular homicide.
Getting a Suspended License Reinstated After a DUI
The process of getting a license reinstated after it was suspended due to a DUI can be difficult, but following the rules laid out by a judge and being patient can help make it happen as soon as possible.
As stated earlier, certain drivers can begin driving again before their suspension is over by opting for an ignition interlock device. However, the driver is responsible for all fees associated with the device, including the $150 installation fee and $75 worth of monthly fees for monitoring and calibrating the device.
Any driver seeking the reinstatement of their license after a DUI-related suspension will have to prove to the DMV that they still hold valid insurance for their vehicle. They may also be required to pass a written test, and they will have to pay reinstatement fees to the DMV.
Some drivers who had their license suspended due to a DUI will be eligible for a restricted driver’s license once they have served half of their suspension. A restricted license will allow eligible persons to drive themselves to their place of work, school, the doctor’s office, and to grocery stores. This option is only available to drivers with ignition interlock devices in their vehicles.
Once the DMV has proof of a device in an eligible driver’s vehicle, they can issue that driver a restricted license. The specific restriction the license will hold is restriction Y. This option is not available to drivers beyond their first DUI conviction.
If someone violates their restricted license, they may face the following penalties:
- A jail sentence between 30 days and 6 months
- House arrest between 2 and 6 months
- Fines between $500 and $1000
Contact an Attorney Today
If you have been pulled over for a DUI and have lost your driving privileges, contact the Law Offices of Kenneth A. Stover today. With over 25 years of experience serving drivers in Nevada, our knowledgeable attorney is ready to fight tirelessly on your behalf to get your driver’s license reinstated. We understand that DUI convictions and losing driving privileges can significantly impact your life for a long time, which is why we make it our goal to re-establish your driving privileges as quickly and efficiently as possible. Contact us for a free consultation today at 775-502-1575 or via our online contact form.