KEEP YOUR LICENSE - DUI AND THE DMV

If you are like many of our past clients who have been arrested for a DUI, the big concern is how to keep your license.  When you were arrested the officer confiscated your license and the DMV was notified of your arrest.  If you were arrested for DUI with Drugs the DMV notified you of your blood results and your license suspension.  Now you have not only a court date, but a DMV hearing to determine IF you can keep your license or IF it is going to be suspended.

The criminal charges and the DMV hearing are unrelated.  The DA may reduce your DUI charges or dismiss the charges and you can still lose your license.  Unlike the court hearing the standard at the DMV hearing is a preponderance of the evidence you had a .08 BAC or more within two hours of driving or being in physical control of the vehicle.  Similar standards apply if your DUI was a DUI with drugs involved.

YOUR DMV HEARING IS LIKE A PRELIMINARY HEARING

Many people think the DMV hearing is going to be like a DMV appointment, you go to the office, fill out a form and get to keep your license.  It’s not.  The DMV hearing is much like a preliminary hearing for your criminal case.  The DMV will verify the state’s evidence against you.  The level of proof is much lower at a DUI hearing than at a criminal trial.

Your ability to drive may be tied to your livelihood.  If you can’t drive you’ll lose your job.  Or perhaps you live in a rural area and need your license to go to school.  These factors can be presented to the DMV as part of your case.

What are the consequences if I have had more than 1 prior DUI?

A third offense increases those penalties further. Jail time is increase to a minimum of 1 year and a maximum of 6 years. Fines are increased to a minimum of $2000 and a maximum of $5000. Additionally the DMV will suspend your license for 3 years. You will be required to have an ignition interlock system installed on any future vehicles you drive.

SCOPE OF THE DMV HEARING

During the DMV hearing the evidence is limited to three issues:


Whether you failed to submit to an evidentiary test
Whether your BAC level exceed the legal limits – or limits for drugs
Whether the officer who arrested you had reasonable grounds at the time to believe you had been driving or were in physical control of the vehicle while intoxicated

The State of Nevada has a Per Se Law. You are required to submit to a test if the officer has reasonable doubt that you have been driving while intoxicated. If you do not take this test it is automatic grounds to have your license suspended.

At the DMV hearing, the officer does not have to prove your BAC was over the legal limit at the time of arrest. The DMV hearing requires only proof that you were over the legal limit within 2 hours of driving. If you were arrested for DUI with Drugs like marijuana the state needs only to show your blood or urine was over the legal limit for the drug within the two hour window. Lastly, the officer has to show that you had been driving or were in physical control of the vehicle.