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When the DMV is notified that a driver’s test results were found to have had a BAC of 0.08 or greater, the DMV will notify the driver that his or her driving privileges will be revoked for 90 days. The driver has a right to demand a "due process" hearing called the Administrative Hearing.
The hearing can be won if the judge believes there was insufficient probable cause to arrest the driver and test his or her blood for alcohol.
Breath Test Results:
If you have been arrested for a Las Vegas DUI and blew above a 0.080 at the jail, the officer probably confiscated your Nevada driver’s license. The officer then gave you a temporary driving permit upon release from jail. You must contact the DMV within 7 days to request an administrative hearing. If you do, the DMV will issue a temporary license pending the outcome of the DMV hearing. Depending on scheduling availability, the DMV hearing may not take place until several months after the arrest.
Blood Test Results:
If you got arrested for a Las Vegas DUI and chose a blood test, the officer will not confiscate your driver’s license. Rather, the DMV will wait to see the results of the test. If the blood results come back 0.080 or higher, the Nevada DMV will mail you a notice of license revocation to the address on file with DMV. You must then contact the DMV:
(a) to request a hearing, and
(b) to request a temporary license (which will remain valid pending the outcome of the hearing).
