What Is A DMV Hearing After DUI Arrest In Nevada
Reader’s Question:
I’m 16 years old and just got my student driver’s license. I don’t drive and drink, though. But my sister was charged with Nevada DUI and I want to know a lot of things about it. She mentioned something like a DMV hearing. Is this the same as the criminal court trial?
Zack
Las Vegas, NV
No, the Department of Motor Vehicles (DMV) hearing is not the same as the criminal court trial. In the state of Nevada, if a driver was charged with DUI, this would actually result on two different cases. The first one is the criminal case wherein criminal charges are filed against a person for driving under the influence. The second case is an administrative case where the DMV will seek to suspend your license for a period of time unless you request for a formal hearing within seven days of the arrest, the temporary license will expire and the suspension will automatically begin.
Generally, the hearings are conducted by an “Administrative Law Judge” about four to seven months after the arrest. It is normally conducted in a way somewhat similar to civil and criminal trials, but with an administrative judge and without a jury. The police officer who made the arrest will be present to testify and be cross-examined by your DUI attorney. Your attorney may, of course, also present other evidence and/or witnesses. It is often strategically to your advantage not to be there although you may still be present and testify.
The judge would usually not give decision at the close if the hearing but will most likely notify your DUI attorney in about 30 days. If you plead guilty or “no contest,” the DMV hearing becomes open for debate, but your driving privileges will be suspended.
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