One of the most common questions I receive from clients who live in Nevada is, “Can I drive after a DUI arrest?”
First, I must know if you took a breath test after the arrest. I’m not referring to the preliminary roadside breath test, but the official breath test taken either at the jail or in a van or SUV.
If you failed the breath test by having a blood alcohol content (BAC) level of at least .08 percent, the police would’ve likely taken your driver’s license and handed you a pink piece of paper.
In order to continue driving after a DUI arrest,you must request a DMV administrative hearing within seven (7) days of the date of your arrest. After making a request to the DMV, you will be issued a temporary license that allows you to drive during those seven (7) days.
On the other hand, if you took a blood test after the arrest, I need to know if you “agreed” to do the blood test. If you did agree, then your license is fine, and you could continue to drive like you normally would.
Keep in mind, the DMV will send a letter – notifying you of your license suspension – to your last known address on file. You will generally receive the letter within two or six months (or longer).
Once you receive the letter from the DMV, contact my office and I can help you request a DMV hearing. Until then, you can still drive, but ensure the DMV has your correct address.
Lastly, if you refused to take either a post-arrest breath or blood test, your license will automatically be suspended upon refusal. Since this suspension can sometimes be delayed, it is important to contact the DMV to learn about the status of your license following your arrest.
If you are caught driving with a suspended license in Nevada, you will face a new criminal charge for such action. The penalties include a potential jail time and an additional driver’s license suspension for up to one year.
If you or a loved one has recently been arrested for a Las Vegas DUI, contact the Law Office of Chip Siegel, Esq. today at (702) 430-7531 for a free initial consultation. Get more than 25 years of trial-tested experience on your side!