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After a Las Vegas DUI arrest, you have 7 days to request a DMV hearing to fight your license suspension (NRS 484C.230) — missing this deadline results in automatic suspension. Simultaneously, you face arraignment in Justice Court (usually within 3 business days), where you enter a plea. Key stages: arrest → booking → arraignment → pre-trial conferences → possible trial → sentencing. The average Las Vegas misdemeanor DUI resolves in 3–6 months. A DUI attorney should be hired as early as possible to preserve evidence and request the DMV hearing.
The Moment of Arrest: What Happens at the Traffic Stop
A Nevada DUI arrest typically begins with a traffic stop for erratic driving, speeding, or a traffic violation. The officer may conduct field sobriety tests (FSTs) and a preliminary breath test (PBT). If the officer develops probable cause, you will be placed under arrest, handcuffed, and transported to jail.
At the time of arrest, you will be read Nevada's implied consent advisement. Under NRS 484C.160, driving on Nevada roads constitutes implied consent to chemical testing (blood or breath). Refusing the test results in an automatic 1-year license revocation — separate from any criminal penalties.
Do Not Answer Questions Without an Attorney
After arrest, you have the right to remain silent (Miranda). Do not answer any questions about where you were, what you drank, or where you were going. Politely invoke: "I am invoking my right to remain silent and my right to an attorney." These statements cannot be used against you — but your answers to officer questions can and will be.
Step 1: Booking and Jail (Hours 0–12)
After arrest, you are transported to the Clark County Detention Center (CCDC) or a city jail for booking. Booking involves fingerprinting, photographing, and recording your personal information. For a standard first-offense misdemeanor DUI, you will typically be released on your own recognizance (OR) within 4–12 hours, often with a citation to appear in court.
Step 2: The 7-Day DMV Hearing Deadline — CRITICAL
This is the most time-sensitive step. After a Nevada DUI arrest, the officer confiscates your license and issues a temporary 7-day driving permit. You have exactly 7 days from the date of arrest to contact the Nevada DMV and request an administrative hearing to contest your license suspension.
NRS 484C.230 — DMV Hearing Request
You must request a DMV administrative hearing within 7 days of arrest to contest the administrative revocation of your driver's license. If you miss this deadline, your license is automatically suspended — regardless of what happens in your criminal case.
The DMV hearing is completely separate from your criminal case. You can win your criminal DUI case and still lose your license at the DMV — or vice versa. An attorney can request this hearing on your behalf and subpoena the arresting officer's records.
Step 3: Arraignment (Within 3 Business Days)
For misdemeanor DUI, arraignment in Las Vegas Justice Court typically occurs within 3 business days of arrest. At arraignment, you (or your attorney) will enter a plea of not guilty, guilty, or no contest. Almost all defendants enter not guilty at arraignment to preserve time for case review and negotiations.
| Stage | Typical Timeline | What Happens |
|---|---|---|
| Arrest & Booking | Day 0 | Booking, chemical test, release |
| DMV Hearing Request | Day 1–7 (DEADLINE) | Request to fight license suspension |
| Arraignment | Day 1–5 | Enter not guilty plea |
| Pre-Trial Conference | Weeks 4–8 | Evidence review, plea negotiations |
| DMV Hearing | Weeks 4–12 | Fight administrative suspension |
| Motions Hearing | Weeks 8–16 | Suppress evidence, dismiss charges |
| Trial or Plea | Months 3–6 | Case resolution |
Step 4: Pre-Trial Conferences and Evidence Review
Before trial, your attorney will receive discovery — all evidence the prosecution plans to use, including body camera footage, breath/blood test records, the officer's report, and any witness statements. Your attorney will review this evidence for legal challenges: Was the stop lawful? Was the breathalyzer properly calibrated? Was the blood test properly handled?
Step 5: Plea Negotiations
Most Nevada DUI cases resolve through plea negotiations rather than trial. Common outcomes include: dismissal (if evidence is weak), reduction to a "wet reckless" under NRS 484B.653, or a first-offense DUI plea with standard penalties. The strength of the negotiating position depends heavily on the evidence and your attorney's relationship with the prosecutor's office.
Step 6: Trial (If No Plea Agreement)
Misdemeanor DUI trials in Las Vegas Justice Court are bench trials (judge only) unless you request a jury trial. A jury trial request moves the case to District Court. Trials typically last 1–2 days. The prosecution must prove beyond a reasonable doubt that you were driving under the influence.
Frequently Asked Questions
You must request a DMV administrative hearing within 7 days of your DUI arrest in Nevada under NRS 484C.230. This deadline is absolute — missing it results in automatic license suspension regardless of what happens in your criminal case. Your DUI attorney can make this request for you, but you should hire one immediately after arrest to avoid missing this critical deadline.
At arraignment — usually within 3 business days of arrest — you appear before a judge in Las Vegas Justice Court and enter a formal plea (not guilty, guilty, or no contest). Almost all DUI defendants enter not guilty at arraignment to preserve time for evidence review and plea negotiations. Your attorney can often appear at arraignment without you being present for a misdemeanor DUI.
A standard first-offense misdemeanor DUI in Las Vegas typically resolves in 3–6 months. Cases that proceed to trial can take 6–12 months or longer. Factors affecting timeline include court backlog, whether evidence challenges are filed, whether a plea agreement is reached, and whether the DMV hearing is contested. Felony DUIs in District Court typically take 6–18 months.
Immediately after arrest, the officer issues a pink temporary license valid for 7 days. If you request a DMV hearing within 7 days, your driving privileges are typically extended until after the hearing. If you lose the hearing or don't request one, your license is suspended (90 days for first offense, 1 year for refusal). You may be eligible for a restricted license allowing driving to work, school, and treatment.
These are two completely separate proceedings. The DMV administrative hearing determines whether your driver's license is suspended — it is a civil matter handled by the Nevada DMV. The criminal DUI case in Justice or District Court determines whether you are convicted of a crime. You can win one and lose the other. You must request the DMV hearing separately within 7 days; it is not automatic.