In Nevada, if you are at risk of losing your driver’s license due to suspension or revocation, you have the right to an administrative DMV hearing. This hearing acts like a mini trial where the licensee’s legal representative can provide proof and question witnesses. You can represent yourself or hire an attorney to represent you.
There are many reasons you may have your driver’s license revoked or suspended, and you are entitled to an administrative hearing on most license revocations and suspensions. Some of these reasons include the following:
- Different juvenile offenses, such as habitual truancy
- Failure to properly secure a child in a vehicle
- Being convicted of vandalism, specifically, graffiti
- Not paying child support
- Not maintaining auto insurance
- Driving while a license is canceled, revoked, or suspended
- Racking up traffic tickets (at least 12 demerit points in one year)
- Getting a DUI
- Hit and Run – Causing Personal Injury or Death
State DMV offices have the authority to share information with one another. This means that even if you are an out-of-state resident, you are still liable for your actions in Nevada and your license can still be suspended and revoked if found guilty.
However, with the assistance of a skilled Nevada criminal defense attorney, it may be possible to have the charges dismissed or reduced, ultimately saving your driver’s license. This article serves as a guide to help you understand Nevada’s license revocation and suspension laws and provide tips on avoiding them.
1. What Does a License Revocation or Suspension Mean in Nevada?
2. A suspended or revoked license refers to the temporary cancellation of a person’s driving privileges by the Nevada DMV. After the revocation or suspension period expires, the driver can request reinstatement by the Nevada DMV. What are the Grounds for Suspension?
A driver’s license can be revoked or suspended in Nevada for various reasons. However, the two most frequent causes are either accumulating twelve or more demerit points or getting arrested for driving under the influence (DUI).
2.1.Demerit Points
If a driver in Nevada accumulates twelve or more demerits within a year, their license may be suspended for at least six months. This is because most moving traffic violations result in a set number of demerit points being added to the driver’s license for a year.
- Speeding 41 mph over the limit- 5 demerit points
- Speeding 31-40 mph over the limit- 4 demerit points
- Speeding 21-30 mph over the limit- 3 demerit points
- Speeding 11-20 mph over the limit- 2 demerit points
- Speeding 1-10 mph over the limit- 1 demerit point
- Carrying passengers in open area of the car – 1 demerit point
- Failure to dim headlights- 2 demerit points
- Failure to use headlights – 2 demerit points
- Driving too slowly- 2 demerit points
- Disobeying a stop sign or traffic signal- 4 demerit points
- Failing to yield to pedestrians- 4 demerit points
- Hand-held cellphone use or texting (2nd and subsequent offenses) – 4 demerit points
- Passing a school bus when signals flash- 4 demerit points
- Failing to yield right-of-way- 4 demerit points
- Following too closely- 4 demerit points
- Hit and Run- 6 demerit points
- Failure to give information or render aid at the scene of an accident – 6 demerit points
- Careless driving- 6 demerit points
- Reckless driving- 8 demerit points
Demerit points are removed automatically from a driver’s license after a year, but the related traffic violation remains on their criminal record unless the case is sealed. There are ways to reduce the points on one’s license. The driver can eliminate a maximum of three demerit points by completing Traffic School.
2.2.DUI License Revocations
If a person is charged with driving under the influence, their license will be revoked for a mandatory time period, along with criminal charges. The duration varies depending on the type of DUI offense committed:
- 1st time DUI- 185 days
- 2nd time DUI within seven years- 365 days
- Felony DUI (3rd time DUI and DUI causing death or injury) within seven years- 3 years
Criminal court proceedings and DMV proceedings differ in Nevada DUI cases. Even if the defendant is found not guilty or cleared of charges in criminal court, the DMV may still suspend their license if they had a 0.08% BAC or above.
2.3.A Few Other Reasons for License Revocations and Suspensions in Nevada
The Nevada DMV will also suspend or revoke the defendant’s driver’s license due to the following actions:
- Juveniles using firearms- A maximum of 1-year driver’s license suspension
- Habitual truancy (first offense)- 30 Days to 6 months
- Juveniles possessing or using drugs or alcohol- 90 days up to 2 years
- Failing to properly secure a child inside a vehicle (third or following offense)- 30 to 180 days
- Missing a court appearance- Depends on the facts of the case
- Making a false affidavit to the DMV or perjury- 365 days
- Having no car insurance- Until the driver gets insurance
- Having no liability insurance and causing an accident that resulted in property damage over $750 or resulting in bodily harm- Depends on the case
- Vandalism (graffiti)- 6 months to 2 years (1 to 2 years for juveniles)
- Failure to maintain SR-22 insurance- Until the individual gets SR-22 insurance
- Not paying child support- Depends on the facts of the case
- Street racing- 6 months to 2 years
3. How Does Someone Fight a License Suspension or Revocation?
After receiving notice of license suspension or revocation, the defendant typically has a seven day window to request an Administrative Hearing with the Nevada DMV to dispute it. Drivers can continue driving until the license is revoked or suspended. This is either seven days if no hearing is requested, or post hearing if one is.
In DUI cases, the process for license revocation varies depending on whether the defendant took and failed a breath test or took and are waiting on the results of a blood test.
- Those who fail the breath test receive immediate notice of license revocation and have seven days to request a DMV hearing.
- Those who take a blood test can keep their license until the results are available, which can take several months.
- In this case, the seven-day period to request a DMV hearing does not start until the defendant receives official notice by mail that they failed the blood test.
A DMV administrative hearing is a legal +process where a defense attorney can present evidence and arguments and question witnesses. It is like a trial but with a smaller scope.
Winning a DMV hearing is typically more challenging than winning a criminal trial because the state has a lower burden of proof. If defendants win, they can continue driving. But, if the state wins, the defendant is informed of the dates and duration of their license suspension/revocation.
4. What if the Individual Lives Out of State?
The Nevada Department of Motor Vehicles (DMV) shares information with the defendant’s home state DMV regarding the suspension of their driving privileges in Nevada and the reason behind it. For example, if a resident of San Francisco is caught driving under the influence (DUI) in Reno, the Nevada DMV will inform the California DMV about the incident. As a result, the defendant’s California driver’s license may be suspended by the California DMV, just as it would have been if the defendant had been arrested for DUI in California.
It is recommended that non-Nevada residents who have been cited or arrested for a traffic violation in Nevada seek legal advice in their home state regarding the impact of their case on their driver’s license.
5. How Does Someone Get Their License Reinstated?
The requirements for drivers after a case varies depending on the type of case. Some drivers need to take written or vision tests depending on the offense. If arrested for a DUI, a driver will need to install an IID (ignition interlock device). All drivers whose licenses have been revoked or suspended for over a year need to take a driving skills test. Regardless, it is the driver’s responsibility, or their lawyer’s, to get in touch with the DMV and complete the necessary paperwork to be reinstated.
For specific instructions, drivers can call the Nevada Department of Motor Vehicles headquarters at 775 684-4368. Even if a driver is cleared of all criminal charges, they still need to partake in the reinstatement process.
6. What if You Move to Another State from Nevada?
If someone relocates to a different state with a suspended Nevada driver’s license, they must pay a reinstatement fee and obtain clearance from Nevada before obtaining a license.
Contact the Nevada Department of Motor Vehicles headquarters at 775 684-4368. Credit and debit card payments are acceptable using the processing center payment authorization (NVL-007).
7. What if Someone Moves to Nevada from Another State?
You must first get your old license reinstated before obtaining a Nevada license. Contact the Department of Motor Vehicles in your previous state to learn about the reinstatement procedures.
8. What Will Happen if Someone Drives with a Revoked or Suspended License?
Driving on a revoked or suspended license in Nevada is considered a misdemeanor and can result in a $1,000 fine and/or a maximum sentence of six months in jail.
If a DUI caused the suspension, the punishment would be more severe, with a judge ordering 30 days in jail or 60 days of house arrest, as well as fines.
9. Do License Suspensions or Revocations Appear on Background Checks?
10. License revocations and suspensions by themselves are not going appear in a background check. However, the criminal charges that led to the revocation or suspension will appear. Can an Individual Apply for a Restricted License?
- It depends. Individuals who have had their driver’s licenses suspended or revoked can contact the Nevada Department of Motor Vehicles to learn more about the requirements in their situation. An individual can also look to the Nevada Department of Motor Vehicles’ restricted license application for more information. For DUI, a restricted license may be granted if depending on the charge and if an IID is installed. Some examples are below: 1st time DUI- A restricted license is available after serving 90 days of a 185-day revocation period.
- 2nd time DUI- No restricted license is available.
- 3rd time DUI or DUI causing death or injury- A restricted license is available after 365 days of the 3-year revocation period.
Each case is different, and the restricted license is generally available after half of the suspension or revocation period. However, consult a DUI attorney to learn the specifics of your
Restricted licenses typically permit driving to and from court-ordered child visitation, the grocery store, medical appointments, school, and/or work. However, the scope of each restricted license varies and is customized to meet the individual needs of the license holder.