Yes. If a Nevada DMV hearing officer upholds the revocation of your driver’s license after a DUI, you may be able to ask a Nevada district court to review the decision. You can also request a stay of the revocation, which, if granted, may allow you to keep driving under a temporary license while the court reviews your case.
Losing a DMV administrative hearing doesn’t necessarily end your options. Nevada law allows a person affected by a final DMV decision to seek judicial review, but strict procedures and deadlines apply.
How Do You Appeal a Nevada DMV Hearing Decision?
After the DMV issues a final decision affirming your license revocation, you can file a petition for judicial review in Nevada district court.
Under Nevada’s Administrative Procedure Act, the petition generally must be filed within 30 days after you are served with the DMV’s final decision. Depending on the circumstances, it may be filed in Carson City, the county where you live, or the county where the administrative proceeding occurred.
The court’s job isn’t to conduct an entirely new DUI hearing. Judicial review is generally based on the record created during the DMV proceeding. The court considers whether the DMV decision was legally valid and supported by the administrative record.
A court may set aside or send back a DMV decision when, for example, the decision:
- Violated constitutional or statutory law
- Exceeded the DMV’s legal authority
- Was based on an unlawful procedure
- Involved another error of law
- Was clearly erroneous based on the evidence
- Was arbitrary, capricious, or an abuse of discretion
Can You Keep Driving While Appealing the DMV Decision?
Potentially.
A driver seeking judicial review can also file a motion asking the district court to stay the DMV’s decision. A stay temporarily prevents the revocation from taking effect while the judicial review proceeds.
Nevada law requires the motion for a stay to be filed and served when the petition for judicial review is filed. The judge considers factors similar to those used for a preliminary injunction, including any potential risk to the public.
If the court grants the stay, Nevada law directs the DMV to issue an additional temporary license for a period sufficient to complete the judicial review. A driver with that temporary license is also exempt from the ignition-interlock requirement during the judicial review period.
This is why requesting a stay can be an important part of appealing an adverse DMV decision. Filing the appeal alone doesn’t automatically mean you can continue driving.
How Long Can Your License Be Revoked After a Nevada DUI?
Nevada’s DUI revocation periods have changed since the original version of this article was published.
For a DUI-related chemical test showing an unlawful alcohol concentration or qualifying controlled or prohibited substance, Nevada law currently provides for a 185-day revocation. Refusing a required evidentiary test can result in a one-year revocation, or three years if there was another refusal-related revocation within the preceding seven years.
Separate revocation periods may apply based on a DUI conviction and a person’s prior DUI history. For example, Nevada law provides for a 185-day revocation for certain first DUI convictions, one year for a second qualifying DUI within seven years, and three years for certain felony DUI convictions.
A Nevada DMV Appeal Is Different From Your Criminal DUI Case
The DMV administrative process and the criminal DUI case are separate proceedings.
A DMV hearing deals primarily with your driving privilege. The criminal case deals with whether you are guilty of DUI and what criminal penalties may apply.
That means the outcome of one proceeding doesn’t necessarily determine the outcome of the other. If your license has been revoked after a Las Vegas DUI, it’s important to consider both sides of the case when deciding what to do next.
Speak With a Las Vegas DUI Defense Lawyer
If the Nevada DMV has upheld the revocation of your driver’s license, there may still be options to challenge the decision and seek a stay that allows you to continue driving while the court reviews your case.
Deadlines for judicial review can be short, so acting quickly matters.
Contact Pariente Law Firm for a free consultation to discuss your Nevada DUI case, your DMV hearing, and whether appealing the administrative decision may be an option.
Frequently Asked Questions
Can I appeal a Nevada DMV decision after losing my DUI hearing?
Yes. Nevada law allows a person whose DUI-related license revocation is affirmed by the DMV to seek judicial review in district court.
How long do I have to appeal a Nevada DMV decision?
A petition for judicial review generally must be filed within 30 days after service of the DMV’s final decision.
Does filing an appeal automatically let me keep driving?
No. Filing a petition for judicial review doesn’t automatically stop the license revocation. A separate request for a stay may be necessary.
What happens if the judge grants a stay?
If a court stays the DMV revocation, Nevada law provides for the DMV to issue an additional temporary license that can remain effective while the judicial review is being completed.
Does the district court hold a new DMV hearing?
Generally, no. Judicial review is typically confined to the administrative record. The court reviews whether the DMV’s final decision should be affirmed, reversed, or sent back based on the legal standards established by Nevada law.
Is a Nevada DMV case separate from a criminal DUI case?
Yes. The DMV proceeding concerns your driving privileges, while the criminal case determines criminal liability and penalties for the alleged DUI. Both may arise from the same arrest, but they are separate legal proceedings.