A third-time DUI offense in Nevada results in the revocation of the driver’s license for three years. A third DUI offense within seven years results in a license revocation for three years in Nevada, regardless of where the prior two DUIs occurred. However, a person convicted of a third-time DUI may still have the option to continue driving after agreeing to install an ignition interlock device (IID) in each vehicle.
Can I Avoid Getting My License Revoked?
To avoid getting a driver’s license revocation, the driver needs to:
- Have their criminal DUI charges dismissed and
- Win the DMV hearing.
Winning a DMV hearing but losing the criminal case or vice versa will still result in driver’s license revocation.
What is a DMV Hearing?
If your license has been revoked, you can submit a written request for a hearing to the Department of Motor Vehicles to review the revocation. The hearing must be conducted as soon as is practicable, and the Department will issue additional time on the driver’s temporary license until they have completed the review of the charge. The hearing is free of charge, but a person is only entitled to this hearing once. At the hearing, the Department will review evidence of:
- If the driver failed to submit to a required breath or blood test OR
- Had a blood alcohol concentration of 0.08 or more in your blood or breath or a detectable amount of a controlled or prohibited substance.
After review, the Department will either affirm or rescind the order of revocation
Can a Driver Win DMV Hearing?
It is possible for the driver to win a DMV hearing; However, winning a DMV hearing is more difficult than winning a criminal case. While criminal judges must find guilt beyond a reasonable doubt, the DMV hearing decision of license revocation requires very little evidence.
However, requesting a DMV hearing is still worth it because:
- It provides an opportunity for the driver or their attorney to cross-examine the arresting officer
- If the police officer from the case does not show up, you may win by default and have your case dismissed
- Moreover, it allows drivers to test their arguments which they can also use in their criminal case
Some of the common defenses that DUI defense lawyers can use during DMV hearings include the following.
- The police officer had insufficient probable cause to pull the driver over,
- The police officer didn’t administer the field sobriety tests appropriately,
- The blood alcohol concentration was inaccurately high due to certain medical conditions or dietary patterns,
- The police officer had insufficient probable cause to arrest the driver, or
- The alcohol testing equipment was malfunctioning, or the individual who administered the blood test wasn’t competent
Note that the driver must win both the criminal case and DMV hearing to avoid license revocation completely.
License Revocation Period for 1st, 2nd, and 3rd DUI Offense
Note that the DMV license revocation period increases with each successive DUI.
| DUI Offense in the Last 7 Years | Driver’s License Revocation Period |
| 1st DUI Offense | 185 days* |
| 2nd DUI Offense | 1 year* |
| 3rd or subsequent DUI Offense | 3 years* |
*The Court and Department may allow the driver to continue driving with an ignition interlock device. Requirements of an Ignition Interlock Device
The driver gets the flexibility of driving during the license revocation period if they choose to get an ignition interlock device (IID) installed in all their vehicles. An IID doesn’t allow the vehicle’s engine to start if the device detects any alcohol on the driver’s breath sample.
The DUI convict is responsible for paying all the costs of getting an ignition interlock device installed in the vehicle. The costs include:
- Installation of the device,
- Calibration and maintenance of the device and
- Removal of the device from the vehicle when the license revocation period ends
The Department may issue a restricted driver’s license accompanied by an ignition interlock device unless the statute prohibits it.
The Department may issue a restricted driver’s license to a driver who is driving to and from:
- Testing location
- Work or in the course of work
- Court appearances
- Regularly scheduled medical care
When Does the License Revocation Period Start?
Nevada police will immediately revoke the driver’s license following a DUI arrest when the driver:
- Has evidentiary test results that show a blood alcohol concentration of 0.08% or more, OR
- The suspect refused to submit to an evidentiary test, such as a chemical blood or breath test.
The arresting officer will confiscate the driver’s license and forward it to DMV. In the meantime, the officer must advise the person of their right to request a temporary license unless it is explained in the revocation order. A person is entitled to request a temporary license unless they are already driving with a temporary license. The license is valid for seven days including the date of issuance.
If the blood test results are over the legal limit of drugs and/or alcohol, the DMV will inform the driver about it via mail. The DMV notice will also notify about license revocation unless the driver chooses to request a DMV hearing within seven days.
NOTE: The driver is required to take a DUI blood test (instead of a breath test) if the law enforcement officer believes that the driver was driving under the influence of drugs. A breath test cannot measure the presence of drugs in the body.
The period of revocation does not begin until after the person has completed the period of imprisonment or residential confinement ordered by the courtWhat Happens at the End of License Revocation?
At the three-year license revocation period after a 3rd-time DUI offense, the driver must apply for a new license at the Nevada DMV office. The driver’s license isn’t automatically restored until the driver requests one. For more information, contact us today! To learn more about license reinstatement in Nevada, check out our related post.