DUI Process in Las Vegas
When you are arrested for DUI in Las Vegas, Nevada you will have two (2) separate court proceedings.
The State of Nevada or City of Las Vegas will charge you with a misdemeanor offense. This is considered a criminal case for the crime of driving under the influence. Following a Las Vegas drunk driving arrest, the jail will provide you a citation to appear in court at a later date usually about three months after you are arrested for driving under the influence of alcohol. The first appearance is called an arraignment and you will enter a plea of Not Guilty to the offense charged against you. If you have a DUI attorney in Las Vegas, your attorney can appear for you (meaning you don’t have to go to court) and enter the not guilty plea for you and request the next hearing date known as the “trial”.
Your DUI attorney in Las Vegas will obtain the police reports, blood test results from the laboratory who tested your blood/ breath machine results, witness statements, 911 call recording and other evidence relevant to your arrest for DUI in Las Vegas .
Next your Las Vegas DUI lawyer will evaluate your case and be in a better position to identify legal defenses for DUI, and negotiate with the District Attorney or Las Vegas City Attorney in an effort to get the Las Vegas drunk driving charges reduced to reckless driving or possibly dismissed.
If an agreement with the prosecutor can’t be reached, you are entitled to a trial before a judge where it may be possible to get the judge to dismiss the case filed against you (also known as a not guilty verdict.)
The other proceeding is for your license and is handled at the DMV office to determine whether your drivers license will be suspended.Typically the DMV will send you a Notice of Suspension to notify you that they are suspending your license. At that point your Las Vegas DUI attorney can request a hearing on that suspension and get a temporary license for you. This temporary license will allow you to continue to drive until a hearing on the suspension and a decison is issued after the hearing. If the Administrative Law Judge at the DMV dismisses the suspension then you will get your original license back. If the suspension is affirmed you will lose your license for 90 days (minus any credit for days your license had been suspended prior to obtaining a temporay license)
If you live out of state, the Nevada DMV will inform the DMV of your home state…and your home state will most likely impose a drivers license suspension action of their own, but in certain situations they will not contact your home state but rather wait until you try to convert your license to a Nevada license then force you to serve out the suspension.
If you lose your license for the 90 days you can apply for a Work Restricted License to allow you to go to and from work. This application can be made 45 days into your 90 day suspension.