If you find yourself facing a second DUI charge in Nevada, you can expect a mandatory one-year revocation of your driver’s license. However, there might be an option for you to continue driving by installing an Ignition Interlock Device (IID) in your vehicle.
To prevent license revocation and the requirement of an IID, it’s crucial to come out victorious in both your criminal case and the separate Department of Motor Vehicles (DMV) hearing. However, keep in mind that these two proceedings are independent of each other.
Please note that if you are convicted of multiple DUIs within a seven-year period, the time period that your license will be revoked will increase with each subsequent conviction.
- 1st DUI: License revocation for 185 days*
- 2nd DUI: License revocation for 1 year*
- 3rd DUI: License revocation for 3 years*
*Note that driving sooner with an IID may be a possibility.
What are the consequences relating to my license if I get a second DUI in Nevada?
If you are found guilty of a second DUI in Nevada (within a seven-year time period), you can expect a one-year suspension of your driving privileges. This holds true regardless of whether the initial DUI conviction took place in Nevada or any other state. However, you have the option to contest this revocation at a DMV administrative hearing. If the DMV rules against you and terminates your driving license, you may be able to continue driving, if the court orders that you install an IID in your vehicle.
An IID can be thought of as a miniature breathalyzer that stops your car from starting if it detects a Blood Alcohol Content (BAC) above the designated limit. In order to have the IID sanctioned by the DMV, it must be installed by a professional who holds certification for the installation of such devices.
To obtain an IID, you will need to pay roughly $150 for installation and an ongoing monthly fee of around $100 for each of your vehicles. Furthermore, you will be responsible for all costs associated with the repair, calibration, and eventual removal of the device.
It’s important to mention that installing an IID during the period of your license revocation is not a requirement. Nonetheless, should you decide against having the device installed, be prepared to relinquish your driving privileges for the full time limits.
When will the revocation begin?
Various factors can contribute to the timeline for the revocation of your Nevada driver’s license following a second DUI offense. Once an officer arrests you for a DUI, you are required to undergo either an:
- evidentiary breath analysis, or
- evidentiary blood examination
These tests are administered to determine if your BAC is at or above the legal limit of 0.08% in Nevada.
It’s important to note that breath tests are unable to detect drug usage, so if the police suspect you of being under the influence of drugs, you will need to undergo a blood test. Moreover, should you choose not to partake in either examination, law enforcement possesses the power to secure a warrant compelling you to undergo a forced blood extraction.
If you either fail the breath test or refuse to take part in the process, the police will confiscate your driver’s license on the spot and issue a temporary license, which is valid for seven days. On the other hand, agreeing to the blood test allows you to keep your license till you get your results, which could take a few weeks. If your blood test does confirm a DUI, the DMV will send you an official letter containing a temporary license that will be valid for seven days. To reiterate, consenting to the blood test helps you maintain your driving privileges until the test results come back.
Upon obtaining your seven-day provisional permit, it’s crucial to immediately schedule a DMV hearing prior to its expiration. Making a prompt request for the hearing results in the DMV issuing you another temporary permit that is valid until a decision is rendered by the DMV hearing officer, which could take a few weeks or even longer.
Failure to request the hearing within the specified timeframe will result in the commencement of your one-year license revocation once the temporary permit expires. You can still request a DMV hearing during this time but only when you request it will the temporary permit be issued. It is best to do this during the 7-day time period with the initial temporary license to avoid a gap in driving privileges. It is crucial to be aware of these implications and ensure you take the necessary steps to avoid undesirable consequences.
What steps should I take to maintain my license?
After a second DUI conviction, it can be challenging to maintain your driver’s license. That being said, it’s possible if you emerge victorious in both your criminal case and DMV hearing. Once again, these are distinct cases, and the outcome of one doesn’t directly impact the other.
Interestingly, the criminal case is often simpler to win compared to the DMV hearing. The reason being that in criminal cases, the burden is on the prosecution to prove guilt beyond a reasonable doubt – a considerably higher threshold compared to what the DMV is required to demonstrate. This distinction in standards makes it challenging for prosecutors, as they must establish guilt with absolute certainty in order to achieve a criminal conviction.
To increase your chances of success in both cases, your attorney may employ a range of defense strategies. For instance:
- Arguing that the police had insufficient reason to stop your vehicle;
- Claiming that the officers failed to correctly perform field sobriety tests;
- Demonstrating that a medical issue or condition led to inaccurate blood alcohol concentration (BAC) results;
- Asserting that the authorities lacked sufficient probable cause to make an arrest; or
- Provide evidence that either the breathalyzer test was not working properly or the blood samples were tainted.
What is the process for reinstating my license?
Upon the completion of your one-year suspension period for a second DUI offense, it’s essential to understand that the reinstatement of your driver’s license is not an automatic process. Instead, you are required to take action in order to regain your driving privileges. This entails visiting a local DMV office and applying for a new license and usually purchasing SR22 coverage.
Consultation with an Attorney at BLG Wins
At BLG Wins, we understand the complexities associated with having a DUI. Our seasoned attorneys are knowledgeable about the laws surrounding these cases and can provide you with top-notch legal advice to help you successfully navigate your way through this ordeal. We will work diligently throughout the entire process, from paperwork to court hearings, so that your driving privileges can be restored as quickly and efficiently as possible. Contact us today to learn more about our services and how we can help you!