If your Nevada driver’s license been suspended or revoked due to a DUI, you have the right to challenge the suspension or revocation through a DMV administrative hearing. The DMV hearing does not cost anything. However, the process can be confusing so it is important to hire an attorney to represent your interests. Morris Anderson can help you so please contact us by phone at 702-333-1111 or by email at email@example.com.
A criminal trial for DUI determines whether you were impaired when driving. The DMV hearing determines whether your license should revoked or suspended. It is important if you are facing a DU charge that you request a DMV hearing immediately as you only have 7 days to request a hearing after a breath test leading to a DUI arrest or 7 days after the return of a blood test that exceeds the legal limits. However, blood test results can take 4 to 6 months. One advantage to requesting a DMV hearing is that your lawyer can question the officers who arrested you for DUI. This can assist your attorney prepare for the DUI trial because he or she will know what the officers will say at the DUI trial or can cross-examine them if they change their testimony. The second advantage is that you can obtain a temporary license and continue to drive until the hearing is conducted. Moreover, there are many steps that an officer must follow when revoking or suspending a license. If an officer fails to do so, it may allow your lawyer to present a legal defense to your suspension or revocation.
DMV hearings are administrative hearings which means they do not occur at a courthouse but rather a conference room. There is no jury and the administrative judge makes the decision. Like a court trial though, lawyers will present evidence and witnesses are under oath. For DUI, the administrative judge will review whether (1) the person failed to submit to the blood or breath test (2) whether the person’s blood alcohol level exceed the legal limit at the time of the test and (3) whether the officer had reasonable grounds to order the test. The judge may make a decision immediately or wait up to 30 days to make an official decision. The determination of the judge may be appealed to the Nevada State District Court and ultimately to the Nevada Supreme Court.