Nevada DUI law code chapter 484.379 through 484.3947 states that it is unlawful for any person to operate a motor vehicle while under the influence of alcohol, drugs or an intoxicant with a blood alcohol concentration of .08% or greater.
It is not necessary for a person stopped on suspicion of driving under the influence in Nevada to show signs of impairment, if that person has a blood alcohol concentration level of .08% or greater they will be arrested for driving under the influence in the state of Nevada.
Even if a person's blood alcohol concentration level is below .08% they may still be arrested and charged with driving under the influence just by the arresting officer's observations, if he or she feels that the accused is displaying signs or behavior consistent with impairment or by failing any part of the field sobriety tests (if submitted to).
If you are stopped on suspicion of DUI in Nevada you have every right to kindly refuse to submit to the field sobriety tests without any actions being taken against you criminally or administratively. You are however, required by law to submit to a chemical test if the officer has made such a request.
Every driver who holds a Nevada driver's license has agreed to the states implied consent law when they initially accepted their Nevada driver's license. Basically the implied consent law says that if you are stopped on suspicion of driving under the influence you shall submit to a preliminary breath test to check for alcohol, drugs or intoxicants in your body.
If the officer requested that you take a chemical test and you refused, the officer is required to inform you of the potential penalties for refusal and then ask you a second time if you will submit to a chemical test per Nevada code NRS 484.385. Whether you submitted to a chemical test and failed or you refused to submit to a chemical test you are violating Nevada's implied consent law.
When a person either fails or refuses a preliminary breath test, the arresting officer will confiscate and revoke your license and issue you a temporary license that will allow to drive for 7 days including the date of the arrest. You are going to want to request an administrative hearing as soon as possible to challenge the revocation of your driver's license.
A request for an administrative hearing can be made at any time, but only one hearing is allowed per person. The scope of an administrative hearing will be to determine whether or not the defendant did in deed have a blood alcohol concentration of .08% or greater at the time of testing.
If you want to try and retain your driving privileges it is strongly recommend that you hire a Nevada DUI attorney who has experience when it comes to representing clients at administrative hearings. The hearing can be quite intimidating for someone who is not experienced in this area. A good Nevada DUI attorney will typically charge around $400 - $500 to represent someone at an administrative hearing.
If the ruling is in your favor, your license will be returned to you. If the officer's revocation of your driver's license is upheld you do have another option and that is to file an appeal in District Court to try and overturn the revocation. If you accept the revocation ruling your license will be revoked for 90 days following a first offense violation, a second offense will result in your license being revoked for 1-year and any third or subsequent violation will result in a 3-year revocation of your driving privileges.
First and third time offenders may be eligible for a restricted license that will allow them to drive a total of ten hours a day six days a week to and from work only. Second time offenders are not eligible for a restricted driver's license. First time offenders may be eligible for a restricted license after the first 45 days of their revocation period have lapsed. Third time offenders may be eligible for a restricted license after 1-year of their 3-year revocation has lapsed.
A Nevada DUI offense is considered a first offense if you have had no prior DUI convictions within the previous 7-year period and is a Misdemeanor offense. The fines and penalties for a first offense DUI are as follows:
A Nevada DUI offense is considered a second offense if you have had a previous DUI conviction within the previous 7-year period. A second offense is a Misdemeanor offense. The fines and penalties for a second offense DUI are as follows:
A Nevada DUI offense is considered a third offense if you have had two previous DUI convictions within the previous 7-year period. A third offense is a Class B Felony offense. The fines and penalties for a third offense DUI are as follows:
You will also be required to provide the DMV with proof of financial responsibility in the form of a Nevada SR22 insurance policy that meets the states minimum auto insurance liability coverage limits. You will be required to keep your SR22 policy in force for 3-years.
A person operating a commercial motor vehicle in the state of Nevada while under the influence of alcohol, drugs or an intoxicant with a blood alcohol concentration of .04% or greater or failing to submit to a chemical test will be arrested for DUI and your CDL will be revoked for a period of 1-year following a first offense violation.
If you were carrying hazardous materials at the time, your CDL will be revoked for 3-years. A second offense violation will result in a permanent CDL revocation, you will never be able to drive or operate a CMV again. A CMV operator stopped and found to have any measurable amount of alcohol less than .04% in their system will be issued an "out-of-service" notice and will not be allowed to drive for the next 24-hours.
Your license may be suspended or revoked for 90 days for a first offense violation with a blood alcohol concentration between .02% and .08%. You will also be required to undergo an alcohol assessment and treatment program approved by the state.
For a second or subsequent violation under the age of 21 your license will be suspended or revoked for an amount of time to be determined by the Nevada DMV. If a person under 21 is arrested for having a BAC of .08% or greater they will face the same charges as someone over 21 would be facing for the same offense.
Before the Nevada DMV will reinstate your license following your revocation period or before issuing a restricted license, they will require you to file an SR22 form with them before issuing you a new license. You will be required to carry your SR22 insurance for a period of 3-years.
At anytime during this 3-year period if there is a lapse in your Nevada SR22 insurance coverage, your insurance provider is obligated by law to immediately inform the Nevada DMV of the lapse. If a lapse in coverage occurs, the Nevada DMV will immediately revoke your license and you will be required to re-file an SR22 form with the DMV before they will issue you another license.
Since you are going to have to have your SR22 insurance for a period of 3-years, it is important to find the cheapest policy you can before choosing one. DUI Process has partnered with the largest and most trusted SR22 insurance provider in the state of Nevada and has worked out a special discount only available here for our website visitors.
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