The administrative penalties are normally more important to Nevada residents than residents of other states. At the time of your arrest, if you took a breath test with a result of .08 or greater blood-alcohol level, you would normally be given a Notice of Suspension.

If you chose a blood test, you would not be given a Notice of Suspension unless your blood test results were .08 or greater, in which case a Notice of Suspension will be mailed to you at the address on your current driver's license. This may take 30 to 45 days.

If you are a Nevada resident, your driver's license will be suspended for 90 days -- 45 days of no driving and 45 days restricted to driving to and from employment and DUI school. If you are not a Nevada state resident, your driving privilege in Nevada will be suspended for 90 days.

The law office of William Cole can request an administrative hearing before the Department of Motor Vehicles (DMV) regarding the loss of your driver's license or driving privilege. At that hearing, any defenses that are available to prevent the loss of your driver's license or driving privilege can be presented. The DMV hearing provides your attorney with an important opportunity to cross-examine your arresting officer and others involved in your DUI case. This may later be very important in your court case.

The DMV procedure is not as important to a non-resident unless you have to renew your license in your state of residence during the 90-day period that Nevada will have a hold on your license. The out-of-state resident may still want to have the DMV hearing as it, again, gives your attorney the opportunity to cross-examine the arresting officer under oath, which he may not have the opportunity to do in your court case prior to a trial.

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National College
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