Being arrested for a DUI in Las Vegas will automatically trigger two proceedings: (1) a criminal proceeding; and (2) a DMV or “administrative proceeding.” For a detailed explanation on the difference between a “criminal case” versus an “administrative case” please see DUI Lawyers of Las Vegas‘ Las Vegas Proceedings Triggered by DUI Arrest page. The criminal proceeding requires your active participation whereas the administrative proceeding can occur without you being involved if you of your Las Vegas DUI Lawyer allow it to. Do not make this mistake. Here at DUI Lawyers of Las Vegas, we attend your DMV hearing free of charge to ensure that all aspects of your DUI defense are covered.
How Soon Will a Las Vegas DUI Impact My Nevada Driving Privileges?
Practically speaking, the impact a DUI arrest will have on your driving privileges depends on the method in which your blood alcohol/prohibited substance was tested. After you are arrested and are transported to a detention center, you will be provided the option to submit to either a blood test or a breath test. If you choose a breath test and the results are 0.08 or higher, the arresting officer will immediately seize your driver’s license. Generally speaking, the arresting officer will provide you with a “temporary license” that will be valid for 7 days (counting the day of issuance). After the 7 days have run, your driving privileges will be revoked for the revocation period applicable to the degree or level of your offense (e.g., 90 day revocation for misdemeanor first offense DUI, one-year revocation for misdemeanor second offense DUI, etc.). The length of your license revocation will depend upon the nature and degree of your offense – Was it your first offense? Was it a second or third offense inside a seven-year period? Was someone hurt?
If you choose a blood test, your BAC results will not be available immediately. Your blood sample must be sent to a lab for analysis and then sent back to the arresting law enforcement agency. If the results reflect a BAC of 0.08 or higher, the arresting officer must then forward your results to the DMV. The DMV will then send you a certified notice revoking your driver’s license for the applicable revocation period. The revocation period will begin 5 days after it is sent to you regardless of whether you actually receive it or not. This entire process can take anywhere from 2 months to 6 months. The length of your driver’s license revocation period will not change by choosing blood versus breath or vice versa – the only difference will be the date on which your revocation period begins.
What do I do if I want to challenge my license revocation?