DUI: Administrative License Suspension in Las Vegas, Nevada

In Nevada, the government may administratively suspend your driver’s license if you refuse a chemical test under the state’s implied consent law or after a DUI conviction under certain circumstances. While you can challenge the suspension/revocation of your driver’s license by requesting an administrative hearing, the structure of this hearing means you may face an uphill battle in overturning a suspended license.

Fortunately, you don’t have to go it alone. Let a DUI defense lawyer from the Law Office of Joel M. Mann advocate for you throughout this process. For two decades, our firm has provided top-notch service for those dealing with the consequences of a DUI arrest in Las Vegas. We are proud to provide every client with the dedicated representation and personal attention they need during the challenging process of resolving a DUI case. At our firm, you will work directly with Attorney Joel M. Mann, not a paralegal or case manager.

Have you had your license suspended for a DUI arrest or conviction? Then get the legal help you need to fight for the restoration of your driving privileges. Contact the Law Office of Joel M. Mann for an initial case evaluation with an experienced DUI defense lawyer to discuss your legal options.

How a Las Vegas Criminal Defense Lawyer Can Help with a DUI Administrative License Suspension

You may face a driver’s license suspension or revocation after being arrested for drunk driving in Clark County. While you may have legal defenses or options to avoid the loss of your driving privileges, you also have limited time to challenge your license suspension. A defense attorney from the Law Office of Joel M. Mann can help you navigate the administrative hearing process by:

• Thoroughly investigating the charges to obtain evidence supporting your case for overturning the suspension
• Crafting an innovative defense strategy based on the evidence we recover
• Advising you on the strength of your case and preparing you for what to expect at each stage of the administrative proceedings
• Presenting your case at the administrative hearing and vigorously cross-examining the arresting attorney and state witnesses
• Pursuing further appeals of your license suspension/revocation if the administrative law judge or trial court upholds the suspension

We work with Las Vegas residents and out-of-state visitors arrested for DUI while visiting our state. We also offer flat fee structures so clients know how much our services will cost.

What Is an Administrative License Suspension Hearing?

Under certain circumstances, the Nevada Department of Motor Vehicles can automatically suspend or terminate a motorist’s driving privileges following a DUI arrest, including when a driver refuses a chemical test. However, you can request an administrative hearing to challenge a license suspension. Upon filing an appeal of a license suspension, the DMV will run a national records check to see if you have had your driving privileges suspended or revoked in another state. If you have no other suspensions or revocations, the DMV will issue you a temporary license to restore your driving privileges pending the outcome of the administrative hearing. You have the right to have an attorney represent you at this DMV hearing.

After receiving your request and arrest record, the Office of Administrative Hearings will schedule your administrative license suspension hearing. The office will issue subpoenas to the arresting officer and other relevant witnesses.

At the administrative hearing, an administrative law judge will determine whether you refused a chemical test after a DUI arrest, the validity of your DUI arrest, or whether you committed the offense of DUI. The arresting officer and other witnesses will testify under oath during the hearing. The state and your attorney can cross-examine adverse witnesses. The administrative law judge may review physical evidence or relevant documentation, such as breath/blood test results and police dashcam/bodycam footage.

How Is a DMV Administrative License Suspension Hearing Different from a Criminal DUI Case?

Although an administrative license suspension hearing operates like a criminal DUI trial, suspension hearings and DUI trials have several significant differences. Unlike a DUI trial, where the state has the burden to prove beyond a reasonable doubt that a driver committed the offense of DUI, the driver bears the burden of proof at an administrative license suspension hearing to prove that circumstances warranting a license suspension do not exist.

For example, a driver may have to prove that they did not actually refuse a chemical test, that they did not have a BAC over the legal limit, or that law enforcement lacked reasonable suspicion or probable cause to stop the driver or arrest them for DUI. Furthermore, while a defendant can win a DUI trial if the factfinder at trial has some reasonable doubt that the defendant committed a DUI, an administrative law judge at an administrative license suspension hearing only needs to find some evidence that a driver refused a chemical test or committed a DUI.

Possible Outcomes at an ALS Hearing

An administrative law judge will issue a written decision within 30 days of the administrative license suspension hearing. Your temporary license will remain valid until the DMV receives and processes the ALJ’s decision.

The ALJ can either rule in your favor and rescind your license suspension or rule in favor of the DMV and uphold the suspension. If the ALJ rules in your favor, you can obtain a permanent driver’s license from the DMV. Your license status will remain temporary until you reinstate it at a DMV office.

However, if the ALJ upholds your license suspension, you will receive separate written notice of the start and end dates of your revocation. You must surrender a temporary license at a DMV office before the start date of the revocation period. Your license will remain revoked until you obtain reinstatement after the expiration of the revocation period. Revocation periods can last as short as 90 days for a DUI offense to as long as one to three years for refusal of a chemical test.

Contact a Local DUI Lawyer Today

If you’re facing an administrative license revocation due to a DUI arrest, you need an experienced defense attorney to protect your rights. Contact the Law Office of Joel M. Mann today for a confidential consultation to discuss your options for avoiding an automatic suspension of your driving privileges.