In Las Vegas, you can be arrested for DUI after being pulled over and failing a field sobriety test or be taken into custody during a routine DUI checkpoint. Regardless of how you find yourself charged with a DUI, you will want to understand the unique way in which Las Vegas handles DUI cases.
After you are detained and brought to a detention center, you will begin the booking process. During this time, you will be asked to submit to a blood or breath test which will determine your blood alcohol level. Under certain circumstances, you may even be asked to give a urine sample to determine your level of intoxication. If you refuse, your license will automatically be suspended one year under Nevada’s implied consent laws.
All of the information collected during booking will ultimately be used to determine whether or not you were driving under the influence and the consequences you will end up facing. The best defense against the pending criminal charges is by being prepared and knowing what to expect every step of the way.
DMV Court Dates
For Las Vegas drivers facing DUI, there will be two court dates. One is to answer the criminal charges attached to the DUI. The other is a hearing with the DMV.
In Nevada, you have seven days from your DUI arrest before the DMV will automatically suspend your license. This is standard practice for all drivers charged with driving under the influence. The only way to prevent the license suspension is to request an administrative hearing with the DMV.
This hearing is conducted in front of a judge and is entirely separate from any criminal court dates you may have. The administrative judge will make the determination of how long your license will be suspended and what, if any, fees you may have to pay. During this hearing, there is no jury present
Drivers in Las Vegas will likely have their licenses suspended if they are determined to have been driving under the influence of drugs or alcohol OR if their blood alcohol level was 0.08% BAC or higher.
The length of time your license will be suspended will depend on whether or not you have any prior offenses. For first time offenders, 90 days is a standard suspension. Second time offenders will face a year without a license. Third time offenders will have their licenses suspended for a minimum of three years.
Because it is imperative to act quickly when facing DUI charges, especially as it relates to having your license suspended, it is a good idea to consult with an experienced Las Vegas DUI attorney, who can help defend your rights. They can work quickly on your behalf to at least temporarily stop your license from being suspended or help you apply for a restricted-use license which will allow you to go to work, school, grocery shopping, and other necessary appointments.