DUI and Drivers License Suspension

Las Vegas criminal defense attorney Garrett T. Ogata discusses what happens once you are convicted of a DUI and the steps you need to take to regain your driving privileges:

Once you have been arrested for driving under the influence, there will be two courts involved in the case -- a criminal court convicting you of a DUI and a civil court to suspend your license. Either at the scene of the accident or at the police station you will be asked to take a breathalyzer test. If your blood alcohol content (BAC) level is above .08, the officer will immediately revoke your plastic license. You will be given a pink piece of paper that will act as a license, describing the circumstances. Then, you are given seven days to request a DMV hearing to protect both your driver's license and your driving privileges. If you fail to request a hearing within 7 days and you continue to drive, you will be doing so under a suspended license and may incur additional charges and arrest.

If a nurse draws your blood at the police station to check your BAC level, it will typically take between three and five months to process the blood in the lab. While the process is longer than merely blowing into a breathalyzer and you are allowed to physically keep your license in your wallet, the courts will still try to revoke your driving privileges.

After three to five months, you will receive a letter saying that the DMV will suspend your license. At this point, it is best to consult an attorney who can initiate a request for a temporary license to be issued and schedule a DMV hearing to protect your privileges.

If you are convicted of a first DUI, your license will be suspended for 90 days. However, 45 days into the 90-day period, you can apply for a hardship for work license. At your 91st day, you will be eligible to receive your driving privileges back, but you will have to retake both the written and driving portions of the test.

A second DUI conviction will result in the loss of your license for one year with no option to apply for a hardship license. You will lose your license for three to five years after a third DUI conviction. If this conviction results in injury, the time will be increased and you may lose your driving privileges permanently.

You and your attorney will want to win both the criminal and civil trials. At the DMV hearing, the judge will only be waiting for the police offer to state that he or she saw you operating the vehicle and lose control and that your BAC was over .08 immediately following the incident.

Law Offices of Garrett T. Ogata
2880 W. Sahara Avenue
Las Vegas, NV 89102
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The information presented in this video is not to be construed as legal advice. No attorney/client relationship is implied or exists by viewing this video.