A Nevada DMV hearing lets you challenge the loss of your driver’s license after an alleged DUI. This administrative case is separate from your criminal DUI case and centers only on whether the DMV has legal grounds to revoke your driving privileges.
Requesting a DMV Hearing
- Act quickly: You have only seven days after the notice of license revocation to request a DMV hearing. You can continue driving during these seven days.
- Make a written request: You or your attorney must contact the Nevada DMV Office of Administrative Hearings and submit a written hearing request.
- Temporary driving privileges: If you request a DMV hearing in time, you may obtain a temporary license that remains valid while the administrative case is pending.
What the Hearing Decides
The DMV hearing does not decide whether you are criminally guilty of DUI. The administrative law judge generally determines whether you:
- Refused a required evidentiary breath or blood test;
- Drove with a blood alcohol concentration (BAC) of 0.08% or higher; or
- Drove with a detectable amount of certain controlled or prohibited substances without a qualifying prescription or medical marijuana card.
When representing you at the DMV hearing, we can subpoena witnesses, question the arresting officer, challenge the chemical test evidence, and point out missing or unreliable DMV paperwork.
DMV Hearing Outcomes
- Revocation rescinded: If the DMV cannot prove its case, the administrative law judge must reinstate your driving privileges.
- Revocation upheld: If the DMV wins its case, you face a 185-day license revocation for a first-time DUI. A first-time chemical test refusal carries a 1-year license revocation.
- IID-restricted license: If your license is revoked, you can usually continue driving with an an ignition interlock driving (IID) in your car.
- Further review: If the DMV upholds the revocation, you may ask a Nevada district court to review the decision.
The DMV case and criminal case proceed independently in Nevada. The only way to avoid a license revocation following a DUI is to win both the DMV hearing and the criminal case.
In our experience, DMV hearings can be valuable even when the odds of winning are uncertain. They allow us to question the officer under oath, examine the state’s evidence, and learn about weaknesses that may also help us defend the criminal DUI case.
In this article, our Las Vegas DUI attorneys will address the following key issues regarding DMV hearings in Nevada:
- 1. Overview
- 2. DMV Hearings vs. Criminal Trials
- 3. Driving Before the Hearing
- 4. Deadline to Request Hearings
- 5. How to Request Hearings
- 6. Location
- 7. License Suspensions
- 8. Non-DUI Cases
- 9. Costs
- 10. Benefits of DMV Hearings
- Frequently Asked Questions
- Additional Reading
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.
One of the benefits of having a private criminal defense attorney is that they can appear at your DMV hearing on your behalf. That way you do not have to miss work or arrange your plans around the hearing.
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 refused a chemical test,
- drove with unlawful amounts of certain drugs in your blood, or
- drove with 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
As criminal defense attorneys, we handle both criminal and DMV cases for our clients. Although they are separate proceedings, we can employ many of the same defense strategies for both. Plus, the DMV hearing often serves as a valuable dry run for the criminal case.
3. Driving Before the Hearing
In Nevada, you are allowed to drive pending the results of the DMV hearing as long as you requested the hearing within seven days of being notified about your driver’s license revocation.3
Once you make a timely DMV hearing request, you can then obtain a temporary license that lasts until the administrative case finishes. 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
If you do not request the DMV hearing within the seven-day window, your license will be revoked on the eighth day. Therefore do not delay in making the request or hiring private counsel to request it for you.
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 with 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.
When clients retain us early enough in their DUI case, we make the DMV requests for them.
See our related article, How to request a DMV hearing in Nevada.
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, we 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. A successive refusal in a seven-year period triggers a three-year license revocation.
Note that under Nevada’s “zero tolerance” rule, drivers under 21 face a 90-day driver’s license suspension for driving with a BAC of at least 0.02% but below 0.08%.
Remember that if you win your DMV hearing but lose your criminal case, you still face the above revocation periods. The only way to avoid losing your license is to win both cases.
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
It is always recommended you hire an attorney to represent you at DMV hearings. Having experienced counsel increases the odds of a favorable outcome.
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.
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.
Legal References
- NRS 484C.230; NRS 483.460.
- See Beavers v. Department of Motor Vehicles & Pub. Safety (1993) 109 Nev. 435; see Wright v. State DMV (2005) 121 Nev. 122, 110 P.3d 1066; NAC 483.8485; NRS 484C.220. See also Nev. DMV v. Christopherson (Nev. App. 2021) 480 P.3d 880.
- NRS 484C.230; NAC 483.8485.
- See NRS 484C.180; NRS 484C.220.
- NRS 483.460.
- NRS 483.448.
