If you’ve driven through any of Nevada’s major thoroughfares, chances are you’ll end up seeing someone getting booked for DUI. The state has some of the highest DUI rates in the country, after all. You might even end up being stopped for a DUI check, yourself.
When you end up getting caught for and convicted for DUI in Nevada, there might be a chance that you would lose your license. Thankfully, you have a chance to reinstate it through a DMV hearing. Here’s how you can request for an administrative hearing at the Nevada DMV.
What’s a DMV Hearing?
Simply put, a DMV administrative hearing is a legal hearing where an individual can dispute any actions taken against them in relation to driving violations. It acts as the first level of appeal where a driver or organization can ask for the DMV to reverse their initial decision for situations like a license suspension or revocation. They also handle hearings regarding license plate withdrawals or car insurance suspensions.
DMV court is the only place where an entity can dispute their license suspension or revocation. It is part of their mandate to hear such cases, after all. They will send a notice to an entity regarding their imminent license suspension or revocation, and notifying them that they can choose to go through the hearing to avoid that.
What You Need
You can send a signed email to the DMV’s hearings office notifying them that you wish to dispute their revocation decision. The request must include your license number, current physical mailing address, and contact number. You can also opt to call the administrative office directly to schedule a hearing.
Take note that you only have seven days between receiving your notice of suspension and the suspension taking effect to request for the hearing. The time period starts taking effect through one of three circumstances:
- immediately after the arrest, or in the case of a DUI arrest, immediately after getting or refusing a breathalyzer test in the field
- a few weeks after the arrest if you got a blood test
- once the court notifies you about reaching enough demerit points for your license
Failure to send the request within the allotted time means that the suspension is upheld. You can no longer send a request for the hearing once it takes effect. Instead, you will have to go through the process of having your license reinstated.
Where Hearings Take Place
There are generally three locations where a DMV administrative hearing can take place. The primary location is the DMV office in Las Vegas. Alternatively, complainants who can’t got to Las Vegas can opt to have their case handled at either the Carson City or Reno offices, depending on their proximity.
However, if you can’t physically attend your hearing due to insinuating circumstances, the DMV grants you the right to simply conduct the hearing over the phone. The phone hearing can be conducted with or without your lawyer assisting you during the process. Do take note that the DMV may deny that request if they do not find sufficient grounds supporting the need for a phone hearing.
DMV administrative hearings are the last chance you can avoid getting your license suspended or revoked without having to go through the lengthy process of reversing it yourself. Consult with your attorney to increase your chances of winning a DMV hearing.