A first-time DUI in Nevada carries a 185-day license revocation. However, you should be able to continue driving right away if you have an ignition interlock device (IID) installed in your vehicle.
The only way to avoid a license revocation and the IID requirement is to win both your criminal case and the DMV hearing, which are entirely separate proceedings.
Note that that your license revocation period increases with each successive DUI you get:
|
DUI offense within a seven-year period |
Nevada driver’s license revocation period |
| DUI 1st | 185 days* |
| DUI 2nd | 1 year* |
| DUI 3rd | 3 years* |
| *It may be possible to drive right away with an ignition interlock device. | |
In this article, our Las Vegas criminal defense attorneys discuss:
- 1. Will I lose my license for a first-time DUI in Nevada?
- 2. How soon does the DMV revoke my license?
- 3. Can I fight my license revocation?
- 4. How do I get my license reinstated?
1. Will I lose my license for a first-time DUI in Nevada?
In Nevada, a first-time DUI (in a seven-year period) triggers a 185-day driver’s license revocation.
As discussed below, you can contest the license revocation at a DMV hearing. Though even if you lose the DMV hearing, you should be able to continue driving throughout the 185-day revocation period with an ignition interlock device (IID) in your vehicle.
An ignition interlock device is a breathalyzer that disables your vehicle if it detects alcohol on your breath. You must go to a certified service interlock provider to get one installed.
IIDs cost about $150 to install and an additional $100 per month to maintain, per vehicle. You are also responsible for the costs associated with calibrating, repairing, and removing the IID.
Note that if you choose not to get an IID, then you may not drive at all during the 185-day revocation period. You may not even get a restricted license to drive to and from work.1
Police take your license right away if you take the evidentiary breath test or refuse to take any test.
2. How soon does the DMV revoke my license?
It depends.
When you are arrested for DUI in Nevada, you are required to submit to an evidentiary test to see if your blood alcohol concentration (BAC) is illegal (.08% or higher). You will usually be offered the choice of a:
Though if the officer suspects DUI of drugs, you will be required to give a blood sample since breathalyzers cannot detect drugs.
If you take and fail the breathalyzer test – or if you refuse to take any test at all – then the officer will confiscate your driver’s license right away and give you a temporary license good for seven days.
However if you take the blood test instead, you get to keep your driver’s license until the results come back – which may take several weeks. Then if the results show you failed, the DMV will notify you by certified mail and will enclose a seven-day temporary license.
If you request the DMV hearing before your seven-day temporary license expires, you may continue driving on that temporary license pending the results of the DMV hearing (which may be a month or two away). Otherwise, the expiration of your temporary license will trigger the 185-day license revocation.2
3. Can I fight my license revocation?
Yes. You can have an administrative hearing with the Nevada DMV to contest your license revocation. (Remember you must request your DMV hearing before your seven-day temporary license expires.)
DMV hearings resemble mini-trials in that you can present evidence and cross-examine witnesses. However, the DMV hearing is completely separate from your criminal case.
So even if you win the DMV hearing, your license will still be revoked if you lose the criminal case. Conversely, if you win the criminal case, your license will still be revoked if you lose the DMV case.
Therefore, the only way to avoid a license suspension is to win both the:
- DMV hearing and
- criminal case.
Your criminal defense attorney can handle both cases for you.3
4. How do I get my license reinstated?
Once your license gets revoked for a DUI, you need to apply for a new one when the revocation period ends. This process will require you to appear in person at a DMV office to:
- fill out the proper application and
- take a new photograph.
Contact the Nevada DMV for instructions on your particular case. See our related article, How do I reinstate a revoked license in Nevada?4
First-time DUI defendants can continue driving if they have an IID in their vehicles.
Learn about license revocations after a 2nd-time DUI in Nevada and license revocations after a 3rd-time DUI in Nevada.
In California? Please visit our page on California DMV hearings.
Legal References
- NRS 483.460. See, for example, State v. Terracin (2009) ; DMV v. Hafen (1992) .
- NRS 484C.230. NRS 483.460. NAC 483.8485. NRS 484C.180; NRS 484C.220. NRS 484C.400. NRS 484C.110.
- Same.
- License Reinstatement, Nevada DMV.