The DUI License Revocation Process
If a motorist chooses and fails a breath test, his or her driver’s license will be immediately seized at the detention center. The officer will confiscate the motorist’s driver’s license and issue the motorist a 7 day “temporary” license. Unless you or your DUI lawyer requests an administrative hearing inside this 7 day period, your driver’s license will be revoked at the end of the 7 day period for the applicable revocation length assigned to your offense (e.g., 90-day revocation for a first offense DUI). However, if you choose or are required to submit to a blood test, your driver’s license will not be seized at the detention center because the officer will not know your BAC. Your blood will be sent to a laboratory for analysis. After the laboratory determines your BAC the results will be returned to the officer. If your BAC is 0.08 or higher, the officer will immediately forward these results to the DMV. The DMV will then send a certified notice to the address the DMV has on record for you advising you that your Nevada driver’s license has been revoked.
Warning to DUI-Motorist’s Regarding your License Revocation Notice
Common sense tells us that a person would have to actually receive notice of something before they can be charged with knowledge of its contents. It makes even more sense that actual notice should absolutely be required when an issue as serious as a driver’s license revocation is at stake. However, there Attorney General of Nevada has determined that actual receipt of the revocation notice is not required for the motorist to be charged with knowledge of the revocation, and, more importantly, to expose the motorist to liability for driving on a DUI-revoked driver’s license. Thus, whether you actually receive the revocation notice or not, your driver’s license will be revoked 5 days after the notice is mailed to you. Do not ignore certified mail notifications taped to your front door and do not think that the court will be lenient if the DMV does not have an updated address for you. If you were arrested for DUI and submitted to a blood test, be diligent about DMV notifications regardless of how certain you are that your BAC was under the limit.
Nevada Law Provides Harsh Penalties for Driving on a DUI-Revoked Driver’s License
The penalties for driving on a DUI-revoked driver’s license are severe. Although the offense is considered a misdemeanor, the penalties involve a minimum jail sentence of 30 days (maximum 6 months), a minimum fine of $500 (maximum $1,000) and an additional year added to your license revocation period. The law expressly provides that these penalties are mandatory. The District Attorney has strict limitations on his ability to reduce the charge or plea bargain this violation.
