You have the right to representation at a Nevada Department of Motor Vehicles administrative hearing. Our Las Vegas legal team can assist you in requesting a hearing and fighting the charges against you. Contact us immediately because your time to request a hearing is extremely limited.
If you have an upcoming DMV administrative hearing in Nevada, our Las Vegas criminal defense attorneys are ready to help. Contact our team today to get started.
What Are DMV Hearings in Nevada?
DMV hearings in Nevada are proceedings to contest an administrative action taken by the DMV. The most common type of hearing is to contest the suspension of a driver’s license relating to a DUI charge. However, it is also the proper forum to challenge a license revocation for points or medical reasons.
A DMV hearing is the person’s right to contest the government decision before a neutral third party.
My License Was Suspended After a DUI Stop in Nevada – What Can I Do?
If your license is suspended after a DUI stop in Nevada, you may request an administrative hearing. The law enforcement officer doesn’t have the final say over your license suspension. You may request a hearing in front of a neutral third party to challenge the suspension of your driving privileges.
When Can I Request a Nevada DMV License Hearing?
You can request a DMV hearing as soon as you are arrested or an officer issues a license suspension. You have only seven days from the arrest to make your request. It is insufficient to simply tell the officer you want a hearing. Instead, you must notify the Nevada DMV by email or mail.
What Is the License Suspension for a Nevada DUI Charge?
A Nevada DUI results in a driver’s license suspension of 185 days. However, you may be able to resume driving with an ignition interlock device. For a second offense, the license suspension is one year with no possibility of early reinstatement. You have the right to contest the suspension by asking for a DMV administrative hearing.
What Are Some Defenses in a DUI Administrative Hearing?
The purpose of a DUI administrative hearing is to determine if a license suspension is lawful. Some defenses that may be used include:
- The driver was not drunk driving – There is insufficient evidence that the driver was over the legal limit or under the influence of alcohol or drugs at the alleged time. Proof may be shown by test results, witness testimony about the individual’s actions and demeanor, and driving behavior.
- Probable cause – A law enforcement officer must have probable cause to make a traffic stop. A violation of the driver’s constitutional rights may prevent the officer from imposing a license suspension.
- A refusal did not occur – The officer is incorrect in their allegation that the driver refused to take a chemical test. Either the chemical test was not offered, or the defendant agreed to take it and was not allowed.
- No warnings – For a license suspension to be valid, the officer must inform the driver of the suspension if they refuse. If the officer forgets or fails to give warnings, it is invalid.
- Right to request a hearing – Along with informing the driver of implied consent laws and the need to take a test, the officer must also notify the driver of their right to request a hearing. Missing this requirement can result in the suspension being thrown out.
Is Your License Suspended Immediately After a DUI in Nevada?
When you’re arrested for DUI in Nevada, the arresting officer takes your license and issues you a temporary permit. The permit is good for seven days. Your license is not suspended immediately, but if you fail to request a hearing within seven days, the suspension goes into effect. If you contest the suspension, you may continue driving with a temporary license until your hearing date.
How Do I Request a Nevada DMV Administrative Hearing?
Email your request to [email protected]. To request a Nevada DMV administrative hearing by phone, call (775) 684-4574 or (702) 486-4940. Provide your name, license number, current mailing address and contact telephone number. You must make the request within seven days of your arrest.
How Long Do I Have After My Arrest To Request a Nevada DMV Administrative Hearing?
You have only seven days after your arrest to request a Nevada DMV administrative hearing. If you fail to make the request before the deadline, you lose the right to challenge the suspension of your driver’s license, even if you are not guilty of drunk driving. The criminal charge doesn’t impact the license suspension, so it’s critical to make the request to preserve your right to contest the license suspension.
If My License Is Suspended in Nevada, Can I Just Get a License To Drive in Another State?
A state cannot issue a valid driver’s license to someone who has a license suspension in another state. Even if they prepare and hand you a license that looks valid, you are still guilty of driving on a suspended license if your license has been revoked somewhere else.
What Is the Burden of Proof in a DMV Administrative Hearing?
The state must prove that the license suspension is lawful by a preponderance of the evidence. At a DMV administrative hearing, they must show that it is more likely than not that the license suspension is valid under state law.
Is a DMV License Suspension Hearing Criminal or Civil?
A DMV hearing is administrative. Is it not criminal or civil. It may seem like any other court hearing, but it is through the executive branch rather than the judicial branch. The purpose of the hearing is to determine if administrative rules and laws were followed when the state issued a DMV license suspension.
Lawyers for Nevada DMV Administrative Hearings
Our Las Vegas DMV administrative hearings attorneys represent individuals who have had their licenses suspended. You need your license. We can help you challenge the suspension and create an overall strategy to respond to the DUI charges against you.
Time is very limited to request hearings and preserve your rights, so contact us immediately. We are ready to fight for you today.
