Nevada DUI & License Suspension — What Happens

License consequences are often the most immediately disruptive part of a DUI case in Nevada. The administrative suspension is a separate proceeding from the criminal case and can result in loss of driving privileges even if the criminal charges are eventually reduced or dismissed §484C.220; §484C.210.

• First-offense (failed test): 185 days (approximately 6 months)
• First-offense (refusal): 1-year license revocation for failing to submit to an evidentiary test requested by a police officer (§484C.210); 3 years if the person's license, permit or privilege to drive has been revoked during the immediately preceding 7 years for failure to submit to an evidentiary test. Reasonable force to obtain a test is authorized only in certain circumstances (§484C.160).

Nevada does offer a form of restricted or limited driving privileges during or after the administrative suspension. There is no fixed hard-suspension waiting period: at any time during the period of ineligibility the driver may obtain an ignition interlock privilege under NRS 483.490 by installing, at his or her own expense, an ignition interlock device in any vehicle he or she operates (§484C.210). The Department may issue a restricted license in lieu of the device only in narrow cases — the person is not a repeat intoxicated driver and either cannot provide a deep lung breath sample (certified by a physician or advanced practice registered nurse) or resides more than 100 miles from an IID manufacturer or its agent..

The administrative suspension and the criminal case are legally independent. Winning the administrative hearing does not dismiss the criminal case. Losing the administrative hearing does not prove guilt in the criminal case. However, the facts overlap significantly, and the administrative hearing can sometimes reveal evidence or testimony that is useful in the criminal defense.

required for first, second and felony DUI convictions as condition of obtaining an ignition interlock privilege to reinstate driving privilege; court may grant limited first-offense exceptions. The minimum IID period is 185 days for first offense within 7 years; 1 year for second within 7 years; 3 years for felony DUI; period starts when DMV issues the ignition interlock privilege and is tolled during imprisonment, residential confinement, treatment supervision, parole or probation. Reinstatement requires proof of IID installation, completion of any required substance abuse programs, payment of reinstatement fees, and proof of insurance (SR-22 in many states).