The Nevada Department of Motor Vehicles handles business relating to the revocation, suspension, and reinstatement of Nevada driver’s licenses. While a suspension or revocation is triggered by an arrest under misdemeanor or felony charges, it is separate from the Clark County legal system. One result of this separation is that the DMV could continue with license suspension proceedings against you even if you are found not guilty of your charges or if the charges are dropped by the prosecution.
Reasons for Suspension
There are many reasons for the Nevada DMV to suspend your driver’s license, ranging from something as simple as a bounced check to the DMV to unexpected causes—failing to pay child support, for example. The most frequent activities that cause suspensions are DUI charges and accumulation of demerits through traffic rule violations.
One of the reasons it is so important to get the help of a Las Vegas attorney immediately after a DUI arrest is the license suspension process. A number of important steps must be quickly taken in order to request a hearing and prevent suspension, and your lawyer can help you meet those deadlines and fill out the paperwork correctly at the same time you are dealing with DUI charges. As a matter of fact, sometimes a lawyer can use the favorable outcome of a DMV hearing to influence your DUI case in court.
The demerit system in Clark County allows for up to twelve demerits before your driver’s license is suspended. Demerits expire after one year, and most minor traffic violations only add one demerit to your record. A reckless driving conviction, however, adds eight demerits. This is enough to put you in danger of suspension if, for example, you are later caught running a stop sign or failing to yield to a pedestrian (both worth four demerits).
The Suspension Process
If the charges of your arrest merit suspension, the Nevada DMV immediately notifies you that the suspension process is beginning. With the assistance of your lawyer, you must request an administrative hearing if you are to successfully prevent the suspension. If your request is denied at the hearing, your license suspension will be upheld and you will have to wait until the end of the suspension period to petition for reinstatement. The length of the suspension period varies based on the charges. For example, a first time DUI carries a six month suspension, while a third time DUI carries a three year suspension.
