Drivers arrested for DUI in the state of Nevada may be surprised that their license has been suspended. Under Nevadas Implied Consent laws a driver who is operating a motorized vehicle on a highway or property that the public has access to has given their implied consent to take a breathalyzer test as well as a blood, breath or urine test if asked to do so by a law enforcement officer.
The officer must have reasonable suspension to believe that the driver has been operating their vehicle under the influence of drugs or alcohol, and if the driver refuses either of these two tests they can have their license suspended. Drivers who are unconscious are assumed to have given their consent.
Rights under Nevada's Implied Consent Laws
Law enforcement officers must read drivers their consent rights prior to administering the chemical test. Drivers must understand the consequences of a refusal, and that they have the right to request their own independent chemical testing. Unlike other states, the prosecutor in the criminal DUI trial may notify the jury or court that the driver refused the blood, breath or urine test.
Penalties for a Blood alcohol content test failure
As mentioned above, if the driver fails the chemical test they will have their license suspended for 90 days. They will also face a suspension if they refuse the test. This suspension is enforced by the Department of Motor Vehicles in the state of Nevada and will be enforced even if the driver if found not guilty of DUI. If the driver is found guilty of DUI the administrative suspension will run concurrently with the criminal DUI license suspension.
Challenging the Nevada Administrative License Suspension
Drivers who have their license suspended by the police have the right to challenge the suspension. The officer will generally issue a temporary drivers license which will allow the driver to drive for seven days. The confiscated license is forwarded to the Nevada DMV, and they will issue a revocation notice. Drivers may request a hearing within seven days from the DUI arrest, and the hearing will be held within 90 days after the hearing request. The DMV will issue a temporary license until the hearing can be completed.
At the hearing the court will not consider the guilt or innocence of the driver they will only consider if the person had a BAC of 0.08% or higher at the time of the arrest. If the court decides their BAC was above the legal limit the drivers license will be revoked; if not, the license suspension is revoked and the driver will be able to resume driving.
Getting a Work Permit after DUI License Suspension
According to the Nevada DMV, drivers who have had their Nevada license suspended or revoked and have served at least half of their withdrawal period may apply for a restricted license to drive on the job or to/from work, school, grocery store, medical appointments or for court-ordered child visitation.
The DMV may require the drivers employer to complete certain information on the application. Self-employed applicants must attach a copy of their business license or other acceptable document(s) to substantiate self-employment. Workdays and hours are limited to a maximum of six (6) days per week, ten (10) hours per day. To receive a restricted license for medical purposes the drivers doctor must provide a statement.
Contact the DMV in Nevada for more information or review Nevada Application for a Restricted License.