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    The “DMV Hearing” in Nevada DUI Cases – How It Works

    "Can I Challenge My Driver’s License Suspension After a Nevada DUI Charge?"

    After a DUI arrest in Nevada, it is typical to have a DMV hearing to determine whether your driver’s license will be suspended. The DMV hearing is separate from the criminal court case, and you must win both in order to avoid a license suspension.

    If you get arrested for a DUI, you must contact the Nevada Department of Motor Vehicles within 7 days to request a hearing to challenge the suspension of your driver’s license. Failure to do so within this 7-day window will result in the automatic suspension of your license.

    In this article, our Las Vegas DUI attorneys will discuss:

    1. What are DMV hearings?

    DMV hearings are mini-trials that you are entitled to before the Nevada Department of Motor Vehicles can suspend your license for DUI (or for refusing to take a breath test or blood test after your DUI arrest).1

    DMV hearings are not mandatory. However, waiving a DMV hearing will eliminate any chance you can keep your license.

    DMV hearings are usually open to the public, and the entire proceeding gets audio recorded. An administrative law judge presides and places all witnesses under oath. You or your criminal defense attorneys may question and cross-examine witnesses and present physical evidence, statutes, and case law.

    At the end of the proceeding, the judge may issue a ruling immediately or may decide to delay an opinion for 30 days. Like in any courtroom, you are expected to dress appropriately and not be disruptive.

    DMV hearing with judge, defendant and attorney at a table with a gavel in the middle

    If you avoid a DUI conviction but lose your DMV administrative hearing, you will still get your license suspended.

    2. How are they different from criminal trials?

    Every DUI arrest in Nevada opens two separate cases:

    1. The criminal court case, and
    2. The administrative DMV case.

    The criminal court can impose jail time and fines, while the DMV can only suspend your driving privileges.

    Criminal trials are actually easier to win than DMV hearings. Prosecutors in criminal trials have the high burden of proving guilt beyond a reasonable doubt. In contrast, the DMV just has to find some evidence that you drove drunk or high or had an excessive blood alcohol content (BAC) of at least:

    Note that you have to win both the DMV hearing and the criminal DUI case in order to avoid a license suspension. Winning just one and losing the other will still result in a revoked license.2

    Also, excessive BAC is not the only issue adjudicated at DMV hearings. If you allegedly refused to take a breath- or blood test following your DUI arrest, the DMV hearing is where you would contest the one-year license revocation that a refusal triggers.

    3. Can I keep driving before the DMV hearing?

    You will be allowed to drive pending the results of the DMV hearing as long as you requested the hearing within seven days of being notified about the suspension.3

    DMV hearings usually occur four to seven months after the initial arrest.

    4. When can I request a DMV hearing?

    It depends on whether you take a breath test or blood test after being arrested for DUI.

    Breath test

    If you elect to take a breath test instead of a blood test, the police officer will confiscate your license right away and issue you a temporary permit. You then have seven days to request a hearing and a temporary license. Once the hearing is requested, you can then pick up a temporary license from the DMV office to drive with until the hearing.

    Blood test

    If you take a blood test, you get to keep your license until the BAC results come back above the legal limit. The testing can take several weeks or months.

    The DMV will mail you the results and a notice of license suspension, giving you a week to request a DMV hearing. The notice has instructions on how to request the hearing and a temporary license so that you can continue driving pending the hearing results.4

    5. How do I request one?

    You can request a DMV hearing by submitting DMV form IVP-005. Note that when you elect to take a breath test, the police will provide you instructions on how to request a DMV hearing. If you take a blood test, the DMV will mail you instructions along with the test results.

    See our related article, How to request a DMV hearing in Nevada.

    DMV entrance against blue sky

    Most DMV hearings can now occur telephonically without you or your attorney having to appear in a DMV office.

    6. Where do they take place?

    DMV hearings take place at the Office of Administrative Hearings. There are three locations in Nevada:

    LAS VEGAS
    2701 E. Sahara Ave.
    Las Vegas, NV 89104
    (702) 486-4940

    CARSON CITY
    555 Wright Way
    Carson City, NV 89711
    (775) 684-4790

    ELKO
    3920 E. Idaho St.
    Elko, NV 89801
    (755) 753-1239

    However, you and your attorneys can usually attend these hearings by telephone.

    7. How long will my license be suspended if I lose?

    If you lose your DMV hearing in a Nevada DUI case, the license revocation period increases with each successive case:

    DUI offense
    		 Length of Nevada driver’s license revocation
    First-time offense (within 7 years) 185 days, though it may be possible to drive immediately with an ignition interlock device.
    Second-time offense (within 7 years) 1 year, though it may be possible to drive immediately with an ignition interlock device.
    Third-time offense (within 7 years) or any other felony DUI 3 years, though it may be possible to drive immediately with an ignition interlock device.5

    Remember that if you win your DMV hearing but lose your criminal case, you still face the above suspension periods.

    Learn more about first-time DUI license revocations, second-time DUI license revocations, and third-time DUI license revocations.

    8. Can I get DMV hearings in non-DUI cases?

    Yes. DMV hearings are available to anyone who faces a license suspension. For instance, accruing 12 or more demerit points from moving traffic violations in a single year triggers a six-month license suspension. Note that you may be able to remove three demerit points from your driving record by completing a traffic safety course.6

    9. How much do DMV hearings cost?

    There is no charge for having a DMV hearing. If you hire a defense attorney, you will then just have to pay attorney fees.

    10. Are they worth doing?

    Yes. Even though DMV hearings are difficult to win, they are useful for two reasons:

    1. If the police officer from the case does not show up to the hearing, you will generally win by default. Then the judge will immediately dismiss the DMV case.
    2. DMV hearings are an invaluable opportunity to cross-examine the arresting officers on the record. A good DUI lawyer will take full advantage of this, getting the officer to admit mistakes in the investigations and any factors pointing toward your sobriety. Your lawyer may then get a transcript of this testimony and later use it as leverage in litigating the drunk driving case in criminal court.

    Additional Resources

    For more information, refer to these articles by the Nevada DMV.

    Legal References

    1. NRS 484C.230; NRS 483.460.
    2. See Beavers v. Department of Motor Vehicles & Pub. Safety, (1993) 109 Nev. 435, 851 P.2d 432; see Wright v. State DMV, (2005) 121 Nev. 122, 110 P.3d 1066; NAC 483.8485; NRS 484C.220.
    3. NRS 484C.230; NAC 483.8485.
    4. See NRS 484C.180; NRS 484C.220.
    5. NRS 483.460.
    6. NRS 483.448.

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