A DUI Process in Las Vegas, Nevada consists of two independent hearings: the criminal hearing and the administrative DMV hearing. Both the Clark District Attorney and the DMV will independently review the evidence the police have to offer and will make separate decisions.
The criminal court hearing will determine whether you are guilty of driving under the influence of alcohol or illegal substance and, if the verdict is guilty, will result in financial fines, possible jail time, drug awareness classes and other penalties. On contrary, the administrative DMV hearing is focused exclusively on suspension or revocation of your driver’s license. The administrative DMV hearing is optional and has to be requested, whereas a criminal hearing is a mandatory.
If you were arrested for DUI in Las Vegas, your driver’s license will automatically be suspended, requesting the administrative DMV hearing will give you a chance to argue your case and possibly keep your license. However, winning the administrative DMV hearing does not mean winning the criminal hearing and vice versa. Our DUI criminal experts also handle complicated DUI cases such as DUI accidents, DUI injury, underage DUI, commercial DUI, multiple DUI offenses and Out-of-State DUI.
If you were arrested under the suspicion of driving under the influence of alcohol or illegal substance you will have to appear in criminal court regardless of whether it is a misdemeanor or a felony. Your first court appearance is called an Arraignment and is usually held shortly after you arrest. At the Arrangement you will be presented with your charges. The District Attorney will provide you with a copy of an official complaint, a detailed list of charges filed against you.
You will also have an opportunity to state your plea at the Arrangement. This is a very important moment for your case and has to be well thought through. It is highly advisable to consult with a lawyer before stating your plea, since it has a tremendous strategic impact on your case. Entering an inappropriate plea can and will lead to a negative outcome of your case.
At the Administrative hearing the judge will decide your further custody situation. If you happen to have a prior conviction record or is in violation of your court probation the judge will either set bail or order for you to stay in custody until your court hearing.
Last, but not least, you will be provided with a copy of all the evidence the police and the District Attorney have against you. This list of DUI evidence is crucial for your further DUI defense strategy and is called Discovery. The Discovery may consist of:
- Police report
- Witness statements
- Blood Alcohol Content test results and breathalyzer readings
- All other possible materials related to your case.
Las Vegas DUI Process
Administrative DMV Hearing
If you were arrested for driving under the influence of alcohol or illegal substance in Las Vegas, Nevada, your driver’s license will be suspended on the spot. However, you have a right to challenge the suspension by way of Administrative DMV hearing. If this is your first offence your license will be automatically suspended for ninety days unless you request the Administrative DMV hearing. It is important to keep in mind, that this is a time sensitive issue. The state of Nevada only gives you ten days from the date of your arrest to file your request. If you want to find out more information about Las Vegas DMV hearing, click here to contact our Las Vegas DUI attorney now.
In the Administrative DMV hearing the state needs to only meet a prepotency of evidence, which makes it rather difficult to win the hearing. However, the Administrative DMV hearing is definitely worth the trouble, because it gives your lawyer a unique chance to cross-examine the arresting officer. Due to an overload of work, more often than not, the arresting officer fails to appear for the Administrative DMV hearing, which generally means you win by default.
When your case settles, you might be eligible for DUI record seal, another advantage that only a Las Vegas DUI attorney specialist can request for you. If you need more information about DUI process or how to seal your record, we can provide it to you by clicking here.