The Department of Motor Vehicles hearings in Nevada are administrative trials that determine whether a driver will lose their driver’s license after a DUI arrest. DMV hearings are separate from the criminal court case hearings. The driver must win the court case and DMV hearing to avoid losing their driving privileges.
If a driver is arrested for DUI, they have the right to request a DMV hearing. The driver must request the hearing within 7 days after the arrest to challenge the suspension, or the suspension will be automatic.
In this post, our Las Vegas DUI attorneys share a detailed insight into the DMV hearings in Nevada.
DMV Hearings in Nevada – Overview
DMV hearings in Nevada are mini hearings that a driver (or their attorney on the driver’s behalf) attends to contest their license suspension.
Although a driver is not obligated to request a DMV hearing, it is in the driver’s best interest to attend a DMV hearing. Without one, there is little chance the driver can avoid having their license suspended. DMV hearings are a chance for a defendant and their attorney to present evidence and examine witnesses to refute their license suspension.
At the end of the hearing, the hearing officer issue a ruling or decide to delay the ruling for up to 30 days.
How Are DMV Hearings Different From Criminal Trials at the Court?
For every DUI arrest that takes place in Nevada, two separate cases open.
1. The DMV case, and
2. The criminal court case
The Department of Motor Vehicles deals with driver’s license suspensions, while criminal courts decide if a driver is guilty of driving under the influence, and the penalties tied to the offense.
It is more difficult to win a DMV hearing than a criminal trial because of the difference in the burden of proof. DMV hearings have a “preponderance of the evidence” standard, meaning DMV officer only needs to have a reasonable belief that the driver operated the car under the influence of drugs or alcohol.
On the other hand, criminal trials have a “beyond a reasonable doubt” standard, meaning that based on the evidence presented, the judge must have practically no doubt that the driver was under the influence while operating their vehicle. This means that the evidence does not have to be as airtight and convincing in a DMV hearing as it does in a criminal trial.
REMEMBER: A driver must win BOTH the DMV hearing AND the criminal trial to avoid having their license suspended.
Can a Driver Continue to Drive Prior to the DMV Hearing?
A driver suspected of driving under the influence is allowed to drive their vehicle while they are waiting to attend their DMV hearing or the results of the DMV hearing.
This is because it takes around four to seven months for DMV hearings to take place following the initial arrest.
When Can a Driver Request a DMV Hearing?
The time for a driver to request their DMV hearing depends on if they agreed to an evidentiary blood or breath test after their arrest. NOTE: If a driver refuses to submit to an evidentiary test (such as a breath, blood, or urine test), the arresting officer will immediately revoke the driver’s license.
Evidentiary Breath Test
If a driver chooses to submit to a breath test instead of a blood test, the arresting officer will confiscate the driver’s license and issue a temporary permit until the results of the breath test are confirmed. The driver then has seven days to request a hearing and a temporary license to avoid a lapse in driving privileges.
Evidentiary Blood Test
If a driver submits to a blood test, they can keep their licenses until the test results come back. The testing may take several months. If the results come back showing a blood alcohol content of 0.08% or higher, the driver’s license will be suspended. The DMV will mail the results of the test and notice of suspension to the driver. The notice will contain instructions on how to request a DMV hearing and a temporary license. This allows the driver to maintain their driving privileges while they await a hearing date and the results of the hearing.
How Does a Driver Request a DMV Hearing?
When a driver chooses to submit to a breath test, the law enforcement officer will inform the driver on how to request a DMV hearing.
When a driver chooses to submit to an evidentiary blood test, the DMV will send a notice including all the instructions about requesting a DMV hearing along with the driver’s blood test results.
Where Do DMV Hearings Take Place?
DMV hearings are administrative hearings that take place at the Office of Administrative Hearings. There are three locations in Nevada:
Las Vegas
2701 E. Sahara Avenue,
Las Vegas, NV 89104
Phone # (702) 486-4940
Carson City
555 Wright Way,
Carson City, NV 89711
Phone # (775) 684-4790
Elko
3920 E. Idaho Street,
Elko, NV 89801
Phone # (755) 753-1239
A driver and their defense attorney can attend a DMV hearing in-person or by phone.
What Is the Penalty for Losing DMV Hearing?
If a driver loses their DMV hearing, the license suspension period increases with each subsequent offense.
| DUI Offense | Driver’s License Suspension Period |
| 1st time DUI offense (in the last seven years) | Driver’s license suspension for 185 days. |
| 2nd time DUI offense (in the last seven years) | Driver’s license suspension for 1 year. |
| 3rd time DUI offense (in the last seven years) or any other Felony DUI | Driver’s license suspension for 3 years. |
NOTE: Each offense allows the driver to request permission to drive their vehicle during the license suspension period if they agree to have an ignition interlock device installed in each vehicle they drive.
REMEMBER: if a driver wins a DMV hearing but loses the criminal case, they will still have to face the license suspension penalty.
Can a Driver Get a DMV Hearing in Non-DUI Cases?
DMV hearings are available to any driver who receives a license suspension because of a traffic violation. For example, if a driver accrues 12 or more demerit points due to different traffic violations in a year, it can lead to a six-month driver’s license suspension.
Note that a driver is able to remove three demerit points from their driving record if they complete a traffic safety course after accruing demerit points.
What is the Cost of DMV Hearings?
There are no costs associated with DMV hearing. However, if a driver chooses to hire a defense attorney, then they will be required to pay their fee.
Are DMV Hearings Worth It?
While it is often difficult to win DMV hearings, it’s still a good idea to go for it due to two critical reasons.
- If the law enforcement officer fails to show up at the DMV hearing, it gives a default victory to the driver, as the DMV hearing officer will immediately dismiss the case.
- DMV hearings allow the suspected driver and their attorney to question the arresting officers on the record. An expert DUI defense attorney can use this opportunity to prove the driver’s sobriety.
Your attorney may also get a transcript of this hearing, which can be used in the criminal court to defend the suspect.