Nevada DMV Hearing Representation can be the difference in keeping your license
If you are like many of our past clients who have been charged with a DUI, one of your big concerns is how to keep your license. When you were arrested the officer confiscated your license and the Department of Motor Vehicles was notified of your arrest. If you were arrested for a DUI with Drugs the DMV was also notified of your blood results. Now in addition to facing a court date for your DUI, you have a DMV Hearing to determine IF you can keep your license or IF your license will be suspended.
The criminal DUI charges and the DMV hearing are unrelated. The district attorney could reduce your DUI charges or dismiss them entirely, and you can still lose your license as a result of the Department of Motor Vehicles ruling. Unlike court rulings where they need to prove you are guilty as charged, the standard at the DMV hearing is a preponderance of the evidence (whether it is likely) you had a .08 BAC or more within two hours of driving or being in physical control of the vehicle. A similar standard applies if your DUI was for Driving Under the Influence of Drugs.
Your DMV Hearing Is Like a Preliminary Hearing
While you might think your DMV hearing will be like a DMV appointment where you will go to the Department of Motor Vehicles office and fill out a form to keep your license – however it’s not. The DMV hearing is much like a preliminary hearing for your criminal case. The DMV will verify the state’s evidence against you.
Your ability to drive may be tied to your livelihood. If you lose your DMV hearing and lose your license you won’t be able to drive and you’ll lose your job. Or perhaps you live in a rural area and need your license to go to school. These factors can be presented to the DMV as part of your case.
What Are The Consequences If I Have Had More Than One Prior DUI?
A third offense increases those penalties further. Criminally jail time increases, fines are increased and the DMV will suspend your license for (3) years. You will be required to have an ignition interlock system installed on any future vehicles you drive.
What Is The Scope Of The DMV Hearing?
During the Department of Motor Vehicles is limited to three issues:
- Whether you failed to submit to an evidentiary test
- Whether you BAC (blood alcohol content) level exceeds the legal limits – or limit for drugs
- Whether the officer who arrested you had reasonable grounds at the time at the time to believe you had been driving or were in physical control of the vehicle while intoxicated
At the DMV hearing, evidence does not need to show that your BAC was over the legal limit at the time of arrest. The DMV level of proof is that you were over the legal limit within (2) hours of driving or having physical control of the vehicle. If you were arrested for DUI with Drugs including marijuana the evidence needs to show via blood or urine that you were over the legal limit within the same (2) hour window.
What Can You Do For Me at the DMV Hearing?
We have successfully defended thousands of clients at their Nevada DMV Hearings. Beginning with your initial consultation, we will listen to you, we will answer your questions, and begin to build a strategy for the best possible outcome in your case. By the end of this meeting you will have a clear idea of what we can do for you and how we will move forward. With our Reno DUI Law Firm on your side, you will receive unsurpassed legal service and the personalized client care.
We are known for having a passion for the law and how the law can help those in a time of need. This passion is shown in both our extensive knowledge of the law, defense strategies, as well as our compassion towards our clients. It’s our commitment to you, and to all of our clients that truly makes our Reno DUI Law Firm unique. The people we represent are at the center of what we do and the reason we come to work each day. We are here to get the best possible result for you.
If you or a family member has been arrested for or charged with a driving under the influence or other crime that could impact your ability to drive, seek the counsel of a Reno Criminal Defense Attorney with experience at DMV hearings it’s time to call an experienced lawyer who can help, call us today at (775) 786-5791, because when you need a lawyer – experience matters!
When You Need A Lawyer … Experience Matters
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(775) 786-5791