After a DUI arrest in Las Vegas, three things run on short clocks: a paper temporary license that lasts 7 days, your first court appearance, and the decision whether to ask the DMV for a hearing. The statute sets no deadline for the hearing request, but I treat the first week as the working deadline. NRS 484C.220(1); NRS 484C.230(1).
The night of the arrest
If you refuse the evidentiary test, or test at 0.08 or more or with a detectable controlled or prohibited substance you have no valid prescription or registry identification card for, the officer serves an order of revocation and takes your license. NRS 484C.220(1). The officer must advise you of your right to administrative and judicial review and, in most cases, to a temporary license. The temporary license is effective for only 7 days, including the date it is issued. NRS 484C.220(1). So a license issued on a Friday ends on Thursday. Write down the date and time on the form.
If a blood result comes back later, the process is different. The officer sends the Department a certificate, and the Department mails the revocation order to your last known address. That order becomes effective 5 days after mailing, and mailing to the address on your license application counts as notice. NRS 484C.220(2) to (4). Keep your address current and open anything that comes from the DMV.
The independent test
A person arrested for DUI must be permitted, on request and at their own expense, a reasonable opportunity to have a qualified person of their own choosing run a chemical test of blood or breath for alcohol, or of blood or urine for drugs. NRS 484C.180(1). Because the statute says on request, the time to ask is at the station. The test cannot replace the one the officer requires, and failing to get one does not keep out the evidence of a refusal or of the officer’s test. NRS 484C.180(2), (3).
The DMV hearing
You may request a hearing in writing at any time while you are not eligible to drive, and you get one hearing. NRS 484C.230(1). The scope is narrow: whether you failed a required test, or had a prohibited concentration or substance at the time of the test. NRS 484C.230(2). My post on Nevada DUI laws covers the revocation periods and the court penalties, so I will not repeat them here.
The temporary license is where the first week matters. The Department issues an additional temporary license for the time needed to finish the review, unless you are ineligible for one under NRS 484C.220. NRS 484C.230(1). That section says a person currently driving on a temporary license cannot request another. NRS 484C.220(1). I do not want a client finding out how those two provisions fit together on day 8, so I ask the DMV about the license in writing as early as I can.
The revocation order, the paper permit and the complaint are the other side’s paperwork. Each one can be challenged.
Driving after the permit ends
Driving on a highway or on premises open to the public while your license is revoked is a misdemeanor. NRS 483.560(1). The penalties are heavier when the license was revoked because of a violation of NRS 484C.110, 484C.120, 484C.210 or 484C.430, or certain related offenses: at least 30 days in jail or 60 days of residential confinement, a fine, and no probation. NRS 483.560(2). A second charge added to the DUI is a bad way to spend the second week.
First appearance and bail
A peace officer must take an arrested person before a magistrate without unnecessary delay. NRS 171.178(1). If that has not happened within 72 hours of arrest, excluding nonjudicial days, the magistrate must give the prosecutor a chance to explain the delay and may release you if the delay was unnecessary. NRS 171.178(3). Where a person can be admitted to bail without appearing, the person must be admitted with the least possible delay and required to appear before a magistrate at the earliest convenient time. NRS 171.178(5).
Arraignment
In justice court or municipal court, the complaint is read and you are called on to plead. NRS 174.015(2). Before that, the court decides whether you are eligible for preprosecution diversion. NRS 174.015(3). A misdemeanor DUI under NRS 484C.110, 484C.120 or 484C.130 is one of the charges the statute excludes from that eligibility. NRS 174.031(2)(a)(8). I do not enter a plea until I have seen what the State has. The case then runs like any other Clark County criminal case, and I handle those through my Las Vegas criminal defense practice.
What I tell people to do this week
- Count the 7 days from the date on the paper license and put the last day on a calendar.
- Keep every document: the revocation order, the temporary license, the bail papers and the court date.
- Write down what happened while you remember it: where you were, when you stopped drinking, what the officer asked, which tests you took.
- Do not drive on a revoked license, and do not discuss the arrest with anyone but your lawyer, including online.
- Do not miss a court date.
For how I approach these cases, see my Las Vegas DUI lawyer page.
Questions about the first week after a DUI arrest
Is there a deadline to request the DMV hearing in Nevada?
The statute allows a written request at any time while you are not eligible to drive, and you get one hearing. NRS 484C.230(1). It does not state a number of days. The paper license lasts 7 days, so I do not wait. Other quick DUI answers are in my Nevada legal FAQs.
Can I drive after a DUI arrest in Las Vegas?
Only on a valid license. The officer’s temporary license is effective for 7 days including the date of issuance. NRS 484C.220(1). Driving while your license is revoked is a misdemeanor. NRS 483.560(1).
When will I see a judge after a DUI arrest?
The officer must take you before a magistrate without unnecessary delay, and after 72 hours without an appearance, excluding nonjudicial days, the magistrate may release you if the delay was unnecessary. If you can post bail without appearing, you must be admitted to bail with the least possible delay and required to appear before a magistrate at the earliest convenient time. NRS 171.178(1), (3), (5).
Can I get my own blood or breath test?
You must be given a reasonable opportunity to have a qualified person of your choosing test you, on request and at your expense. It does not replace the officer’s test. NRS 484C.180(1), (3).
If you were arrested for DUI in Las Vegas and your paper license is running out, call my Las Vegas office at (702) 602-4990 or use the contact page. This post is general information, not legal advice, and reading it does not make me your lawyer.