Nevada gives you a 7-day window from arrest to request a DMV hearing on your license. Miss it and the administrative suspension goes through automatically — separately from anything that happens in criminal court. The first thing the firm does on a new DUI is preserve that hearing.
The two cases inside every DUI
1. The DMV / license case
An administrative proceeding that decides whether your driving privilege gets suspended, for how long, and under what conditions. The standard of proof is lower than in criminal court — but it's also a chance to lock in officer testimony under oath, which can help the criminal side.
2. The criminal case
Filed in justice court (for misdemeanors) or district court (for felony DUIs and second/third offenses). The state has to prove impairment beyond a reasonable doubt — by behavior, by breath or blood test, or both.
Where DUI cases are actually won
- The stop. Did the officer have reasonable suspicion to pull you over?
- The investigation. Were field-sobriety tests administered correctly?
- The test. Was the breath device calibrated? Was the blood draw lawful? Was the chain of custody clean?
- The math. Rising BAC, medical conditions, mouth alcohol — there are scientific defenses, but only if someone knows how to use them.
Penalties Nevada actually imposes
- First offense (misdemeanor): jail time, fines, license suspension, DUI school, victim impact panel, ignition interlock
- Second offense within 7 years: mandatory minimum jail, longer suspension, treatment programs
- Third offense within 7 years: felony — prison time on the table
- DUI with injury / death: serious felony exposure, regardless of priors
The right defense often isn't about whether you win at trial — it's about what charge you end up convicted of, and what conditions come with it.
What to do right now
- Request your DMV hearing within 7 days of arrest.
- Don't discuss the case with anyone but your attorney.
- Save everything — receipts, ride-share records, witnesses, anything that might explain where you were and when.
- Call.