What Happens After A Dui/Dwai Arrest In Nevada?
Motor Vehicle Hearing:
To preserve your right to drive in Nevada, you must request a hearing within 7 days after your license has been taken from you by an officer or within the time set by Motor Vehicle in a revocation letter. A hearing must be initially scheduled within 90 days from the date of notification of revocation.
If you had a valid license when stopped, you are qualified for a temporary license to drive until the hearing. You will be mailed a notice of the hearing about 30 to 45 days after your request. Crucial defenses can be developed at the hearing. If you fail to request a hearing with 90 days from the start of the revocation period, you waive the right to that hearing. Obviously, it is best to make a hearing request.
Arraignment:
This is the date on your ticket, about 30 to 90 days after your arrest. If you have an attorney, you do not have to appear. It is primarily for advisement of your rights. If you have an attorney, he will advise you.
Pretrial Conference:
Your attorney will discuss your case with the District Attorney and negotiate the best possible plea bargain. It will happen after your arraignment. This is usually after the Motor Vehicle Hearing. The date is set by the Court and your attorney on his calendar.
Suppression Hearing:
The Court may suppress some or all of the evidence against you if your constitutional rights have been violated. Your attorney will file motions to suppress. It occurs anywhere 6 weeks to 3 months after the pretrial conference.
Trial:
In the State of Nevada you are NOT entitled to a jury trial for misdemeanors. If you are charged with a felony DUI (3rd time DUI or DUI with death or substantial bodily harm), you ARE entitled to a jury of 12.
Sentencing:
The Court imposes a sentence after a conviction at trial or after a plea bargain is accepted and a plea entered. Sentences may include jail time, inhome detention, public service, alcohol classes and fines.
Other Nevada Drunk Driving Defense FAQs
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Q:
Will I Be Able To Get My Case Dismissed Because I Was Not Read My Rights?
A: Probably not. But if you were interrogated after being placed in custody, your statements cannot be used against you.
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Q:
Will I Go To Jail?
A: An experienced attorney may be able to keep you out.
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Q:
I Had Two Alcohol Offenses When I Was Younger. What Will Happen To My License If I Have A Third Conviction?
A: If you were convicted of 2 previous DUIs or your license was revoked twice before, your license will be revoked for three years, unless you can win the DMV haring.
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Q:
I Have Three Duis Within Seven Years, So What Will Become Of My License?
A: It will be automatically revoked for 3 years, and you are looking at a nonprobationable felony conviction.
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Q:
How Many Hours Of Alcohol Classes Will I Have To Take?
A: Plan on at least 8 hours of "DUI school," either 4 two hour or 1 eight hour session. If your BAC is 1.8 or higher, you may be required to obtain a BADA (Bureua of …
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Q:
What Will Happen If I Do Not Complete The Classes Or Public Service Ordered By The Court?
A: You will go to jail.
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Q:
I Lost My Nevada License. May I Obtain A License In Another State?
A: In most cases, no.
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Q:
If I Obtain An International Driver's License, May I Drive In Nevada, Even Though My Nevada License Is Revoked?
A: No.
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Q:
What Can I Do To Save My License?
A: First and foremost, hire an experienced attorney. There are many factors to consider.
officer's presence. It will give you a preview of a trial, a rarity in …
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Q:
What Are The Speed Limits In Nevada?
A: Unless Otherwise Posted Absolute
Interstate 75 mph Ltd Access Rds 70 mph Other Primary Rds 70 mph Residential 25 mph
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