Two Parallel Processes Begin the Moment You Are Arrested for DUI in Nevada
A DUI arrest in Las Vegas triggers not one but two separate legal proceedings simultaneously. The first is the criminal case, handled by the Clark County District Attorney’s office or the Las Vegas City Attorney. The second is an administrative proceeding with the Nevada Department of Motor Vehicles, which can result in the suspension of your driver’s license. Understanding both processes — and the critical deadlines that apply — is essential to protecting your rights.
The DMV Hearing: You Have 7 Days to Act
This is the most critical piece of information for anyone arrested for DUI in Nevada: you have just seven days from the date of your arrest to request a hearing with the Nevada DMV to contest the automatic suspension of your driver’s license. If you miss this deadline, your license will be automatically suspended — regardless of what happens in the criminal case. There are no extensions and no exceptions. This seven-day window is why contacting a DUI attorney immediately after your arrest is so important.
The DMV hearing is a separate administrative proceeding from your criminal case. Even if your criminal charges are eventually reduced or dismissed, the DMV can still suspend your license based on the administrative evidence. Having an attorney represent you at the DMV hearing gives you the best chance of preserving your driving privileges during the pendency of your case.
Nevada DUI Law — How the Criminal Process Works
Nevada DUI law is codified in NRS 484C. A first DUI offense in Nevada is typically charged as a misdemeanor (unless it involves serious injury or death) and carries penalties including fines ranging from $400 to $1,000, mandatory DUI school, a possible jail sentence of two to six months (usually suspended with probation for first offenders), 90-day license revocation, and installation of an ignition interlock device. A second DUI within seven years carries significantly enhanced penalties. A third DUI within seven years is a Category B felony.
The prosecution in a Nevada DUI case must prove several elements beyond a reasonable doubt: that you were driving or in actual physical control of a vehicle, that you were under the influence of alcohol or drugs, and (in cases involving BAC evidence) that your blood alcohol concentration was .08% or higher. Each of these elements can be challenged by an experienced DUI defense attorney.
A common misconception is that a high BAC reading makes a DUI conviction inevitable. In reality, breathalyzer and blood test results can be challenged on multiple grounds: improper calibration of the breathalyzer device, failure to follow required testing protocols, chain of custody issues with blood samples, and medical conditions that can produce falsely elevated readings. These are technical defenses that require an attorney experienced in Nevada DUI law to raise effectively.
What the First 24 Hours After a Las Vegas DUI Arrest Actually Look Like
In the immediate aftermath of a DUI arrest, you will be processed at the Clark County Detention Center or the Las Vegas City Jail. You may be held for several hours until bail is posted or you are released on your own recognizance. You should receive paperwork from the arresting officer including information about the DMV deadline — but do not rely on that paperwork to explain your rights fully. Contact a DUI attorney as soon as you have access to a phone.
In the first 24 hours, you should also avoid discussing your case with anyone other than your attorney. Do not post on social media about your arrest, the circumstances leading up to it, or your condition at the time. Anything you say — to other people at the jail, to friends, or online — can potentially be used against you. Your attorney-client communications are protected; almost nothing else is.
Within the first few days after arrest, your attorney should request preservation of evidence including dashcam footage from the arresting officer’s vehicle, surveillance camera footage from nearby businesses, and any body camera footage. This evidence is often overwritten or deleted within days if preservation requests are not made promptly.
What Marathon Law Group Does Differently for DUI Defense
Marathon Law Group brings 45 years of combined legal experience to DUI defense in Clark County. Our attorneys handle both the criminal proceedings and the DMV hearing simultaneously, ensuring that no critical deadlines are missed and that every available defense is explored. We investigate the circumstances of every arrest thoroughly — the reason for the traffic stop, the field sobriety test administration, the breathalyzer calibration records, and the blood draw procedures if applicable.
We approach DUI defense strategically: exploring plea negotiations for reduced charges when appropriate, pursuing suppression of evidence obtained through unlawful stops or improper testing procedures, and preparing for trial when that is the strongest path to the best outcome. You will work directly with your attorney throughout the process, with regular updates on the status of both your criminal case and your DMV matter.
Frequently Asked Questions — Las Vegas DUI Defense
Can I refuse a breathalyzer in Nevada? Nevada is an implied consent state. Refusing a chemical test (breath or blood) after a lawful arrest results in automatic license revocation for one year for a first offense — longer for subsequent refusals. Refusal can also be used as evidence against you in your criminal case.
Will a DUI conviction affect my job? It depends on your employer and profession. A DUI conviction can affect professional licenses, security clearances, and certain types of employment. An attorney may be able to help you pursue a plea to a reduced charge that has fewer collateral consequences.
Can I get a DUI expunged in Nevada? Nevada uses the term “record sealing” rather than expungement. DUI convictions have a seven-year waiting period before they can be sealed under Nevada law — one of the longer waiting periods under state law.
Contact a Las Vegas DUI Attorney Immediately
If you were arrested for DUI in Las Vegas or anywhere in Clark County, time is critical. Call Marathon Law Group at (702) 522-1808 immediately. We also handle personal injury cases and family law matters throughout Henderson, North Las Vegas, and all of Clark County. Se habla español. No fee for criminal defense consultations.