Losing your driving privileges is one of the most dreaded consequences of a DUI case. The Nevada DMV imposes a 185-day license revocation for a first-time DUI, a 1-year revocation for a second-time DUI, and a 3-year revocation for a third-time DUI.
The only way you can avoid a license suspension is by winning both the criminal court case and the DMV hearing. However, you may still be able to drive during the suspension period with an ignition interlock device (IID) in your vehicle.
In this article, our Las Vegas DUI lawyers discuss:
- 1. How long will my license be suspended after a DUI in Nevada?
- 2. What if I refused to take the breath and blood test?
- 3. How soon does the license suspension start?
- 4. How can I keep my license?
- 5. How do I reinstate my license?
- 6. Can I drive while my license is revoked?
- Additional Reading
1. How long will my license be suspended after a DUI in Nevada?
The length of a DUI license revocation depends on the charge:
| DUI offense |
Length of Nevada driver’s license revocation |
| 1st DUI in 7 years | 185 days, though you can usually continue driving with an ignition interlock device.
Learn more about DUI 1st revocations. |
| 2nd DUI in 7 years (including DUIs from other states) | 1 year, though you can usually continue driving with an ignition interlock device.
Learn more about DUI 2nd revocations. |
Felony DUI, which includes:
|
3 years, though you can usually continue driving with an ignition interlock device.
Learn more about DUI 3rd revocations.1 |
2. What if I refused to take the breath and blood test?
If you refuse a chemical test after a DUI arrest, you will have your license revoked for either:
- 1 year, if this is the first time you have refused a chemical test in the last seven years; or
- 3 years, if you have previously refused to submit to a chemical test in the prior seven years.
This suspension period for refusing to take a chemical test is in addition to the suspension period for the underlying DUI. For instance, if you are arrested for a first-time DUI and refuse to take a chemical test, you face a one-and-a-half-year license suspension: One year for not taking the test, and 185 days for the DUI-1st.2
Nevada law presumes that you give implied consent to submit to an evidentiary breath or blood test following a DUI arrest. Even if the DUI charges are eventually dropped, if you refused the test, you will still get your license suspended for the refusal.
If you are arrested for DUI in Nevada, you face a mandatory license suspension.
3. How soon does the license suspension start?
It depends on whether you took a breath test or blood test. If you took a breath test after your DUI arrest, you have your license confiscated right away and are given a temporary permit good for seven days. In contrast, if you took a blood test, you keep your license until your test results come back by certified mail: Then you get a temporary permit good for seven days.
Either way, you have only seven days to request a DMV hearing to contest the license suspension once you receive your temporary permit. If you do not request a hearing, the license suspension begins once the temporary permit lapses. If you do request a hearing, you can continue driving pending the results of the DMV hearing weeks or months later.
A summary of these license suspension start times is in this table:
| DUI defendant | Start time of driver’s license revocation |
| Breath test with DMV hearing | Immediately if the DMV judge rules against you |
| Breath test without DMV hearing | 7 days after the DUI arrest |
| Blood test with DMV hearing | Immediately if the DMV judge rules against you |
| Blood test without DMV hearing | 7 days after you receive the blood test results by certified mail |
Note that if you refused to take a chemical test – and are then forced to submit to a blood draw – you get your license confiscated immediately and are given a seven-day temporary permit. You can then request a DMV hearing to contest the suspension; otherwise, the year-long suspension kicks in once the temporary permit ends.
This is separate from the suspension you may receive for the underlying DUI once your blood results come back. You can contest this suspension at a DMV hearing as well.3
4. How can I keep my license?
As discussed in the prior section, you may request a DMV hearing to contest your driver’s license suspension. DMV hearings are administrative trials where you – or your attorneys – may present evidence and arguments and cross-examine witnesses. Currently, most DMV hearings are conducted telephonically instead of at the DMV offices.
Note that you must win both your DMV hearing as well as your criminal case to avoid a license suspension. Winning one and not the other will still trigger a suspension. You are advised to hire a criminal defense attorney to represent you in both your criminal case and your DMV hearing.
In practice, DMV hearings are harder to win than criminal cases. This is because criminal cases require prosecutors to prove guilt beyond a reasonable doubt. In contrast, the DMV has a much lower burden of proof. Still, DMV hearings are worth having: They often highlight issues and arguments you can use to your advantage during the criminal case.4
Police seize your license if you refuse to take a preliminary breath test.
5. How do I reinstate my license?
Reinstatement of driving privileges is not automatic once your revocation period ends. You must follow DMV reinstatement procedures and physically receive a new license in order to drive again legally. This includes purchasing SR-22 insurance to show proof of financial responsibility, which you then have to maintain for three years.5
See our related article, How do I reinstate a revoked license in Nevada?
6. Can I drive while my license is revoked?
The Nevada DMV usually lets you drive during your revocation period as long as you have an ignition interlock device installed in your vehicle.6
Otherwise, driving on a revoked license (NRS 483.560) is a misdemeanor. The punishment is:
- Up to 6 months in jail, and/or
- Up to $1,000 in fines7
Note that as of 2018, DUI defendants are not eligible for restricted licenses.8
Additional Reading
For more information, refer to our law firm’s informational articles:
- What is the difference between a driver’s license suspension and revocation in Nevada? – The differences between getting a license suspended versus revoked.
- How to check if your license is suspended in Nevada? – Step-by-step guide for checking on your license status.
- Will my driver’s license be suspended in my home state if I get a DUI in Nevada? – Information for out-of-state defendants.
- How much is the reinstatement fee in Nevada? – Costs of getting your license back after a DUI.
- 10 medical conditions that can get your Nevada driver’s license suspended – How you can lose your license for non-DUI related reasons.
Legal References:
- NRS 483.460; State v. Terracin (2009) 125 Nev. 31, 199 P.3d 835, 125 Nev. Adv. Rep. 4; Department of Motor Vehicles & Pub. Safety v. Paul (1997) 113 Nev. 481, 936 P.2d 834, 113 Nev. Adv. Rep. 50.
- NRS 484C.210.
- NRS 484C.210; NRS 483.460.
- NAC 483.849
- Nevada DMV.
- NRS 483.460; NRS 483.490; Nevada Senate Bill 259 (2017).
- NRS 483.560.
- See Nevada DMV application for a restricted license.