Nevada DUI License Suspensions

IMPLIED CONSENT - Pursuant to Nevada's implied consent law, any person who drives or is in actual physical control of a vehicle on a highway or on premises to which the public has access is deemed to have given his/her consent to a preliminary breath test, as well as an evidentiary test of his/her blood, urine, breath or other bodily substance to determine the concentration of alcohol or to determine whether a controlled substance, chemical, poison, organic solvent or another prohibited substance is present. Upon a lawful request by an officer with reasonable suspicion that a DUI has occurred, a driver must submit to a preliminary breath test (PBT) and/or evidentiary chemical testing, or the person's driver's license will be suspended. Persons who are dead or unconscious and unable to give consent are considered to have given such consent to chemical testing, and blood samples may be taken from the person and tested.

IMPLIED CONSENT RIGHTS - Prior to the request to submit to chemical testing, the Nevada DUI offender MUST be read his "implied consent rights" which state the consequences of a refusal and the right to independent chemical testing. They must also be told that evidence of a person's refusal to submit to chemical testing is admissible in any criminal or administrative action related to the DUI incident.

CHEMICAL TEST FAILURE - Persons with BAC results of .08 or higher will also have his/her license, permit or privilege to drive revoked for a period of 90 days.

**NOTE - Periods of ineligibility for a license, permit or privilege to drive which are imposed pursuant to an administrative action must run consecutively with an suspension or revocation that results from a criminal DUI conviction.

Nevada DUI Suspension Hearing Procsss

Persons who refuse chemical testing, and persons with a BAC of .08+ or a detectable amount of a prohibited substance in his blood or urine will have his driver's license revoked by the police and advised of the right to administrative and judicial review of the revocation. If eligible, the officer will issue a temporary license to the DUI offender that will be effective for 7 days including the date of issuance. The officer will seize the DUI offender's driver's license and forward it to the Department of Motor Vehicles, who will issue an order of revocation that becomes effective 5 days after mailing. A written request for a hearing by the Department to review the order of revocation may be made at any time while a person's driving privileges are revoked.

NEVADA DUI ADMINSTRATIVE REVIEW HEARINGS

Following an order of revocation, a Nevada DUI offender may request a hearing by the Department to review the order of revocation, but he is only entitled to one hearing. The request for a hearing must be in writing and made within the 7 days from the date of arrest, or the right to a hearing will be "waived". The hearing must be conducted within 15 days after receipt of the request or as soon thereafter as is practicable in the county where the requester resides unless the parties agree otherwise. The Department will issue eligible offenders an additional temporary license for the duration of time it takes to complete the administrative review.

The hearing is limited to the resolution of the following issue: whether the person, at the time of the test, had a concentration of alcohol of 0.08 or more in his blood or breath or a detectable amount of a prohibited substance in his blood or urine. If the Department finds the issue is to be answered in the affirmative, the Department will affirm the order of revocation. If the issue is found in the negative, the order of revocation will be rescinded and the offender's driving privileges will be fully restored.

If the Department affirms the revocation, the offender may appeal the same issues in district court. The court will notify the Department upon the issuance of a stay, and the Department will issue an additional temporary license for a period which is sufficient to complete the review.

Nevada DUI License Suspension Statutes

NRS 484.382  Implied consent to preliminary test; failure to submit to test; use of results of test.

1.  Any person who drives or is in actual physical control of a vehicle on a highway or on premises to which the public has access shall be deemed to have given his consent to a preliminary test of his breath to determine the concentration of alcohol in his breath when the test is administered at the direction of a police officer at the scene of a vehicle accident or collision or where he stops a vehicle, if the officer has reasonable grounds to believe that the person to be tested was:

(a) Driving or in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance; or

(b) Engaging in any other conduct prohibited by NRS 484.379, 484.3795, 484.37955 or 484.379778.

2.  If the person fails to submit to the test, the officer shall seize his license or permit to drive as provided in NRS 484.385 and arrest him and take him to a convenient place for the administration of a reasonably available evidentiary test under NRS 484.383.

3.  The result of the preliminary test must not be used in any criminal action, except to show there were reasonable grounds to make an arrest.

(Added to NRS by 1983, 1066; A 1993, 2072; 1995, 1883; 1999, 2453, 3424; 2001, 172; 2005, 148; 2007, 2802)

NRS 484.383  Implied consent to evidentiary test; exemption from blood test; choice of test; circumstances in which police officer may direct person to submit to blood test; restrictions on requiring urine test; failure to submit to test; notification of parent or guardian of minor directed to submit to test.

1.  Except as otherwise provided in subsections 3 and 4, any person who drives or is in actual physical control of a vehicle on a highway or on premises to which the public has access shall be deemed to have given his consent to an evidentiary test of his blood, urine, breath or other bodily substance to determine the concentration of alcohol in of his blood or breath or to determine whether a controlled substance, chemical, poison, organic solvent or another prohibited substance is present, if such a test is administered at the direction of a police officer having reasonable grounds to believe that the person to be tested was:

(a) Driving or in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance; or

(b) Engaging in any other conduct prohibited by NRS 484.379, 484.3795, 484.37955 or 484.379778.

2.  If the person to be tested pursuant to subsection 1 is dead or unconscious, the officer shall direct that samples of blood from the person be tested.

3.  Any person who is afflicted with hemophilia or with a heart condition requiring the use of an anticoagulant as determined by a physician is exempt from any blood test which may be required pursuant to this section but must, when appropriate pursuant to the provisions of this section, be required to submit to a breath or urine test.

4.  If the concentration of alcohol in the blood or breath of the person to be tested is in issue:

(a) Except as otherwise provided in this section, the person may refuse to submit to a blood test if means are reasonably available to perform a breath test.

(b) The person may request a blood test, but if means are reasonably available to perform a breath test when the blood test is requested, and the person is subsequently convicted, he must pay for the cost of the blood test, including the fees and expenses of witnesses in court.

(c) A police officer may direct the person to submit to a blood test if the officer has reasonable grounds to believe that the person:

(1) Caused death or substantial bodily harm to another person as a result of driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or as a result of engaging in any other conduct prohibited by NRS 484.379, 484.3795 or 484.37955; or

(2) Has been convicted within the previous 7 years of:

(I) A violation of NRS 484.379, 484.3795, 484.37955, 484.379778, subsection 2 of NRS 488.400, NRS 488.410, 488.420 or 488.425 or a law of another jurisdiction that prohibits the same or similar conduct; or

(II) Any other offense in this State or another jurisdiction in which death or substantial bodily harm to another person resulted from conduct prohibited by a law set forth in sub-subparagraph (I).

5.  If the presence of a controlled substance, chemical, poison, organic solvent or another prohibited substance in the blood or urine of the person is in issue, the officer may direct him to submit to a blood or urine test, or both, in addition to the breath test.

6.  Except as otherwise provided in subsections 3 and 5, a police officer shall not direct a person to submit to a urine test.

7.  If a person to be tested fails to submit to a required test as directed by a police officer pursuant to this section and the officer has reasonable grounds to believe that the person to be tested was:

(a) Driving or in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance; or

(b) Engaging in any other conduct prohibited by NRS 484.379, 484.3795, 484.37955 or 484.379778,

the officer may direct that reasonable force be used to the extent necessary to obtain samples of blood from the person to be tested. Not more than three such samples may be taken during the 5-hour period immediately following the time of the initial arrest. In such a circumstance, the officer is not required to provide the person with a choice of tests for determining the concentration of alcohol or presence of a controlled substance or another prohibited substance in his blood.

8.  If a person who is less than 18 years of age is directed to submit to an evidentiary test pursuant to this section, the officer shall, before testing the person, make a reasonable attempt to notify the parent, guardian or custodian of the person, if known.

(Added to NRS by 1969, 593; A 1973, 1502; 1975, 73; 1979, 1164; 1981, 1361; 1983, 18, 1074; 1985, 785; 1987, 1237; 1989, 2048; 1993, 117, 2073; 1995, 1883; 1997, 325, 3047; 1999, 633, 2453, 3434; 2001, 172; 2005, 149; 2007, 2802)

NRS 484.384  Test showing concentration of alcohol of 0.08 or more in blood or breath; revocation of license, permit or privilege; periods of ineligibility to run consecutively. [Effective until the date of the repeal of the federal law requiring each state to make it unlawful for a person to operate a motor vehicle with a blood alcohol concentration of 0.08 percent or greater as a condition to receiving federal funding for the construction of highways in this State.]

1.  If the result of a test given under NRS 484.382 or 484.383 shows that a person had a concentration of alcohol of 0.08 or more in his blood or breath at the time of the test, his license, permit or privilege to drive must be revoked as provided in NRS 484.385 and he is not eligible for a license, permit or privilege for a period of 90 days.

2.  If a revocation of a personís license, permit or privilege to drive under NRS 62E.640 or 483.460 follows a revocation under subsection 1 which was based on his having a concentration of alcohol of 0.08 or more in his blood or breath, the Department shall cancel the revocation under that subsection and give the person credit for any period during which he was not eligible for a license, permit or privilege.

3.  Periods of ineligibility for a license, permit or privilege to drive which are imposed pursuant to this section must run consecutively.

(Added to NRS by 1983, 1066; A 1995, 1884, 1919; 1999, 2455; 2003, 1158, 2561)

NRS 484.385  Seizure of license or permit; order of revocation; administrative and judicial review; temporary license; sufficiency of notice. [Effective until the date of the repeal of the federal law requiring each state to make it unlawful for a person to operate a motor vehicle with a blood alcohol concentration of 0.08 percent or greater as a condition to receiving federal funding for the construction of highways in this State.]

1.  As agent for the Department, the officer who obtained the result of a test given pursuant to NRS 484.382 or 484.383 shall immediately serve an order of revocation of the license, permit or privilege to drive on a person who has a concentration of alcohol of 0.08 or more in his blood or breath or has a detectable amount of a prohibited substance in his blood or urine, if that person is present, and shall seize his license or permit to drive. The officer shall then advise him of his right to administrative and judicial review of the revocation pursuant to NRS 484.387 and, except as otherwise provided in this subsection, that he has a right to request a temporary license. If the person currently is driving with a temporary license that was issued pursuant to this section or NRS 484.387, he is not entitled to request an additional temporary license pursuant to this section or NRS 484.387, and the order of revocation issued by the officer must revoke the temporary license that was previously issued. If the person is entitled to request a temporary license, the officer shall issue him a temporary license on a form approved by the Department if he requests one, which is effective for only 7 days including the date of issuance. The officer shall immediately transmit the personís license or permit to the Department along with the written certificate required by subsection 2.

2.  When a police officer has served an order of revocation of a driverís license, permit or privilege on a person pursuant to subsection 1, or later receives the result of an evidentiary test which indicates that a person, not then present, had a concentration of alcohol of 0.08 or more in his blood or breath or had a detectable amount of a prohibited substance in his blood or urine, the officer shall immediately prepare and transmit to the Department, together with the seized license or permit and a copy of the result of the test, a written certificate that he had reasonable grounds to believe that the person had been driving or in actual physical control of a vehicle with a concentration of alcohol of 0.08 or more in his blood or breath or with a detectable amount of a prohibited substance in his blood or urine, as determined by a chemical test. The certificate must also indicate whether the officer served an order of revocation on the person and whether he issued the person a temporary license.

3.  The Department, upon receipt of such a certificate for which an order of revocation has not been served, after examining the certificate and copy of the result of the chemical test, if any, and finding that revocation is proper, shall issue an order revoking the personís license, permit or privilege to drive by mailing the order to the person at his last known address. The order must indicate the grounds for the revocation and the period during which the person is not eligible for a license, permit or privilege to drive and state that the person has a right to administrative and judicial review of the revocation and to have a temporary license. The order of revocation becomes effective 5 days after mailing.

4.  Notice of an order of revocation and notice of the affirmation of a prior order of revocation or the cancellation of a temporary license provided in NRS 484.387 is sufficient if it is mailed to the personís last known address as shown by any application for a license. The date of mailing may be proved by the certificate of any officer or employee of the Department, specifying the time of mailing the notice. The notice is presumed to have been received upon the expiration of 5 days after it is deposited, postage prepaid, in the United States mail.

(Added to NRS by 1969, 593; A 1973, 484, 1503; 1981, 1927; 1983, 1075; 1985, 1948; 1991, 1588; 1995, 1885; 1999, 2455, 3425; 2001, 172; 2003, 2562; 2007, 2046)

NRS 484.387  Hearing by Department; additional temporary license; judicial review; cancellation of temporary license. [Effective until the date of the repeal of the federal law requiring each state to make it unlawful for a person to operate a motor vehicle with a blood alcohol concentration of 0.08 percent or greater as a condition to receiving federal funding for the construction of highways in this State.]

1.  At any time while a person is not eligible for a license, permit or privilege to drive following an order of revocation issued pursuant to NRS 484.385, he may request in writing a hearing by the Department to review the order of revocation, but he is only entitled to one hearing. The hearing must be conducted within 15 days after receipt of the request, or as soon thereafter as is practicable, in the county where the requester resides unless the parties agree otherwise. The Director or his agent may issue subpoenas for the attendance of witnesses and the production of relevant books and papers and may require a reexamination of the requester. Unless the person is ineligible for a temporary license pursuant to NRS 484.385, the Department shall issue an additional temporary license for a period which is sufficient to complete the administrative review.

2.  The scope of the hearing must be limited to the issue of whether the person, at the time of the test, had a concentration of alcohol of 0.08 or more in his blood or breath or a detectable amount of a prohibited substance in his blood or urine. Upon an affirmative finding on this issue, the Department shall affirm the order of revocation. Otherwise, the order of revocation must be rescinded.

3.  If, after the hearing, the order of revocation is affirmed, the person whose license, privilege or permit has been revoked is entitled to a review of the same issues in district court in the same manner as provided by chapter 233B of NRS. The court shall notify the Department upon the issuance of a stay, and the Department shall issue an additional temporary license for a period which is sufficient to complete the review.

4.  If a hearing officer grants a continuance of a hearing at the request of the person whose license was revoked, or a court does so after issuing a stay of the revocation, the officer or court shall notify the Department, and the Department shall cancel the temporary license and notify the holder by mailing the order of cancellation to his last known address.

(Added to NRS by 1969, 594; A 1971, 83; 1973, 485, 1504; 1975, 1463; 1981, 85; 1983, 1077; 1985, 1949; 1987, 1456; 1989, 1655; 1991, 1590; 1995, 1887; 1999, 2457, 3427; 2001, 172; 2003, 2562; 2007, 2048)

NRS 484.389  Admissibility of evidence of refusal to submit to evidentiary test and results of test; availability of results of test.

1.  If a person refuses to submit to a required chemical test provided for in NRS 484.382 or 484.383, evidence of that refusal is admissible in any criminal or administrative action arising out of acts alleged to have been committed while the person was:

(a) Driving or in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance; or

(b) Engaging in any other conduct prohibited by NRS 484.379, 484.3795, 484.37955 or 484.379778.

2.  Except as otherwise provided in subsection 3 of NRS 484.382, a court or hearing officer may not exclude evidence of a required test or failure to submit to such a test if the police officer or other person substantially complied with the provisions of NRS 484.382 to 484.393, inclusive.

3.  If a person submits to a chemical test provided for in NRS 484.382 or 484.383, full information concerning that test must be made available, upon his request, to him or his attorney.

4.  Evidence of a required test is not admissible in a criminal or administrative proceeding unless it is shown by documentary or other evidence that the law enforcement agency calibrated the breath-testing device and otherwise maintained it as required by the regulations of the Committee on Testing for Intoxication.

(Added to NRS by 1969, 594; A 1973, 1504; 1983, 1078, 1914; 1993, 2076; 1995, 1888; 1999, 3428; 2005, 150; 2007, 2804)

NRS 484.391  Opportunity of arrested person to choose qualified person to administer test; substitution of test prohibited.

1.  A person who is arrested for driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or for engaging in any other conduct prohibited by NRS 484.379, 484.3795, 484.37955 or 484.379778 must be permitted, upon his request and at his expense, reasonable opportunity to have a qualified person of his own choosing administer a chemical test or tests to determine:

(a) The concentration of alcohol in his blood or breath; or

(b) Whether a controlled substance, chemical, poison, organic solvent or another prohibited substance is present in his blood or urine.

2.  The failure or inability to obtain such a test or tests by such a person does not preclude the admission of evidence relating to the refusal to submit to a test or relating to a test taken upon the request of a police officer.

3.  A test obtained under the provisions of this section may not be substituted for or stand in lieu of the test required by NRS 484.383.

(Added to NRS by 1969, 594; A 1973, 1504; 1999, 2459, 3428; 2001, 172; 2005, 151; 2007, 2804).