The “DMV Hearing” in Nevada DUI Cases – How It Works

Q: How long do I have to request a DMV hearing after a DUI arrest?

You have 7 days from when you're notified about the license revocation to request a DMV hearing. If you took a breath test, this starts when the officer confiscates your license. For blood tests, the 7-day window begins when you receive the test results and revocation notice in the mail.

After a DUI arrest in Nevada, you can request a DMV hearing to fight to keep your driver’s license. The DMV hearing is separate from the criminal court case, and you must win both cases to avoid a license revocation.

Once the DMV notifies you that your license is being revoked, you must contact the Nevada Department of Motor Vehicles within seven days to request a hearing to challenge the revocation. Failure to do so within this seven-day window will result in the automatic revocation of your license.

In this article, our Las Vegas DUI attorneys will address the following key issues regarding DMV hearings in Nevada:

1. Overview

DMV hearings are mini-trials that you are entitled to before the Nevada Department of Motor Vehicles can revoke your license for DUI and/or for refusing to take a breath test or blood test after your DUI arrest.¹

DMV hearings are not mandatory. However, waiving a DMV hearing virtually eliminates any chance you can keep your license.

DMV hearings are usually open to the public, and the entire proceeding is audio-recorded. An administrative law judge presides and administers the oath to all witnesses. You or your criminal defense attorneys may question and cross-examine witnesses and present physical evidence, statutes, and case law.

At the end of the proceeding, the judge may issue a ruling immediately or delay an opinion for 30 days. Like in any courtroom, you are expected to dress appropriately and not be disruptive.

DMV hearing with judge, defendant and attorney at a table with a gavel in the middle — If you avoid a DUI conviction but lose your DMV administrative hearing, you will still get your license suspended.

2. DMV Hearings vs. Criminal Trials

Every DUI arrest in Nevada opens two separate cases:

The criminal court case, which can impose jail time and fines; and
The administrative DMV case, which can only revoke your driving privileges.

Criminal trials are actually easier to win than DMV hearings. Prosecutors in criminal trials have the high burden of proving guilt beyond a reasonable doubt. In contrast, the DMV just has to find some evidence that you drove drunk or high or had an excessive blood alcohol content (BAC) of at least:

0.08% if you are 21 or older,
0.04% if you have a commercial driver’s license; or
0.02% if you are under 21.²

Excessive BAC is not the only issue adjudicated at DMV hearings. If you allegedly refused to take a breath or blood test following your DUI arrest, the DMV hearing is where you would contest that you refused the test.

3. Driving Before the Hearing

In Nevada, you are allowed to drive pending the results of the DMV hearing as long as you request the hearing within seven days of being notified about the revocation.³

DMV hearings usually occur four to seven months after the initial arrest.

4. Deadline to Request Hearings

If you elect to take a breath test instead of a blood test – or if you refuse to take a test – the police officer will confiscate your license right away and issue you a temporary permit. You then have seven days to request a DMV hearing and a temporary license.

If you elect to take a blood test, you get to keep your license until the BAC results come back above the lawful limit (which can take several weeks). The DMV will mail you the results, a notice of license revocation, and a temporary permit, giving you seven days to request a DMV hearing.⁴

5. How to Request Hearings

You can request a Nevada DMV hearing by submitting DMV form IVP-005.

Note that when you elect to take a breath test, the police will provide you instructions on how to request a DMV hearing. If you take a blood test, the DMV will mail you instructions along with the test results.

See our related article, How to request a DMV hearing in Nevada.

Exterior shot of DMV office entrance against blue sky with a tree — Most DMV hearings can now occur telephonically without you or your attorney having to appear in a DMV office.

6. Location

DMV hearings take place at the Office of Administrative Hearings. There are three locations in Nevada:

LAS VEGAS
2701 E. Sahara Ave.
Las Vegas, NV 89104
(702) 486-4940

CARSON CITY
555 Wright Way
Carson City, NV 89711
(775) 684-4790

ELKO
3920 E. Idaho St.
Elko, NV 89801
(755) 753-1239

However, you and your attorneys can usually attend these hearings by telephone.

7. License Suspensions

If you lose your DMV hearing in a Nevada DUI case, your driver’s license will be revoked. The revocation period increases with each successive case:

DUI Offense	Length of Nevada Driver’s License Revocation
First-time offense (within 7 years)	185 days, though it may be possible to drive immediately with an ignition interlock device.
Second-time offense (within 7 years)	1 year, though it may be possible to drive immediately with an ignition interlock device.
Third-time offense (within 7 years) or any other felony DUI	3 years, though it may be possible to drive immediately with an ignition interlock device.⁵

Also, refusing to take a breath or blood test triggers a one-year license revocation. This is true even if the DMV finds that you did not commit DUI.

Remember that if you win your DMV hearing but lose your criminal case, you still face the above revocation periods.

Traffic stop with a police officer examining the driver's license — If you live out-of-state, your home state’s DMV may revoke your license if you lose your criminal case.

8. Non-DUI Cases

DMV hearings are available to anyone who faces a license suspension or revocation in Nevada. For instance, accruing 12 or more demerit points from moving violations in a single year triggers a six-month license suspension.⁶

9. Costs

There is no charge to have a Nevada DMV hearing. If you hire a defense attorney, you will then just have to pay the attorney’s fees.

10. Benefits of DMV Hearings

Even though DMV hearings are difficult to win in Nevada, they are useful for two reasons:

If the police officer from the case does not show up to the hearing, you will generally win by default. Then the judge will immediately dismiss the DMV case.
DMV hearings are a valuable opportunity to cross-examine the arresting officers on the record. We take full advantage of this by trying to get the officers to admit mistakes in the investigations and any factors pointing toward your sobriety. We would then get a transcript of this testimony and later use it as leverage in litigating your criminal court case.

Blue DMV sign on the exterior of a buliding — Having an attorney represent you increases your odds of winning a DMV hearing.

Frequently Asked Questions

How long do I have to request a DMV hearing after a DUI arrest?

You have 7 days from when you are notified about the license revocation to request a DMV hearing. If you took a breath test, this starts when the officer confiscates your license. For blood tests, the 7-day window begins when you receive the test results and revocation notice in the mail.

Can I still drive while waiting for my DMV hearing?

Yes, you can continue driving while waiting for your DMV hearing as long as you request the hearing within the 7-day window. Most hearings occur 4 to 7 months after the arrest.

What happens if I lose my DMV hearing?

If you lose your DMV hearing, your license will be revoked for: 185 days for a first offense, 1 year for a second offense, or 3 years for a third offense (all within 7 years). However, you may be able to drive immediately with an ignition interlock device installed.

Additional Resources

For more information, refer to these articles by the Nevada DMV.

Office of Administrative Hearings – The Division of the DMV that holds DUI hearings.
Nevada Live Hearing Request – Request an administrative hearing online.
Hearings Before the Hearing Officer – Discussion of what administrative hearings are like.
Appeals Officer Hearings – Guide for how to appeal a hearing officer’s ruling.
Driver’s License DUI Revocation Hearings – Information about DUI hearings specifically.
DMV Administrative Office locations – Street addresses of Nevada’s DMV administrative offices.

Learn more in our articles about first-time DUI license revocations, second-time DUI license revocations, and third-time DUI license revocations.