🚨 DUI Defense

What to Do After a DUI Arrest in Nevada

By John Quigley · NevadaAttorneyFinder.com · Updated May 27, 2026

This article is for informational purposes only and does not constitute legal advice. NevadaAttorneyFinder is a directory, not a law firm.

A DUI arrest in Nevada is a legal emergency with two separate proceedings — criminal court AND a DMV hearing — both with tight deadlines. What you do in the first 7 days after arrest can determine whether you keep your license. This guide explains exactly what to do after a DUI arrest in Las Vegas, Nevada.

6 Steps to Take Immediately

Invoke Your Right to Remain Silent

You have the right to remain silent under the Fifth Amendment. After identifying yourself and providing your license, registration, and insurance, you are not required to answer questions about where you were, what you drank, or where you are going. Politely but clearly say: 'I am invoking my right to remain silent and my right to an attorney.' Then stop talking. Anything you say will be recorded and can be used against you in both the criminal and DMV proceedings.

💡 Tip: Field sobriety tests (FSTs) are voluntary in Nevada — you can decline them. The breathalyzer or blood test after arrest is different: refusal triggers automatic license consequences under Nevada's implied consent law (NRS 484C.160).

Request an Attorney Before Any Questioning

Once you request an attorney, police must stop all questioning. You are entitled to call an attorney before deciding whether to take a chemical test. If you cannot afford a private attorney, you have the right to a public defender for the criminal proceeding (though not the DMV hearing). Contact a Las Vegas DUI attorney as soon as you have access to a phone — many offer 24/7 emergency consultations.

💡 Tip: Do not post anything about your arrest on social media. Social media posts are routinely used as evidence by prosecutors.

Request a DMV Hearing Within 7 Days

This is the most time-critical step. After a DUI arrest in Nevada, you have only 7 days to request a DMV administrative hearing to contest your license suspension. If you miss this deadline, your license is automatically suspended on day 8 — regardless of what happens in criminal court. Your attorney can request this hearing on your behalf. The DMV hearing is completely separate from your criminal case.

💡 Tip: Even if you failed the breathalyzer or gave a blood sample, you can still contest the DMV suspension. An attorney can challenge the accuracy of the test, the procedures used, and the legality of the traffic stop at this hearing.

Document Everything You Remember

As soon as possible after your release, write down everything you remember: where you were, what you drank, when, how much food you ate, the reason the officer gave for stopping you, everything said during the stop, the FST instructions, how the breathalyzer was administered, and the names of any witnesses. Your attorney will use this information to identify potential defenses.

💡 Tip: Memory fades quickly. Even details that seem insignificant — 'the officer didn't tell me to hold my arms at my sides during the walk-and-turn test' — can be critical to a successful defense.

Hire a Las Vegas DUI Attorney

Contact a Las Vegas DUI attorney immediately — not after the DMV hearing deadline has passed. A DUI conviction in Nevada results in: a permanent criminal record, mandatory DUI school, potential jail time, ignition interlock device, and SR-22 insurance for 3 years. An experienced DUI attorney may be able to get the charge reduced to reckless driving ('wet reckless'), challenge the stop or test, or in some cases get the charge dismissed entirely.

💡 Tip: The total cost of a DUI conviction in Nevada — fines, insurance surcharges, IID, license fees — typically runs $10,000–$25,000. An attorney fee of $2,500–$5,000 is a sound investment against that outcome.

Attend All Court Dates

Missing a court date after a DUI arrest results in a bench warrant for your arrest and your bond being forfeited. Mark every court date on your calendar. Your attorney will typically appear with you or, for initial hearings, may be able to appear on your behalf for arraignment. Do not consume alcohol or controlled substances while your case is pending — judges look very unfavorably on defendants who reoffend.

💡 Tip: Consider voluntarily enrolling in DUI school or installing an ignition interlock before your court dates — voluntary compliance can demonstrate to the judge that you are taking the charge seriously.

Frequently Asked Questions

What happens at a Nevada DMV DUI hearing?

The DMV hearing is an administrative proceeding separate from criminal court. A DMV hearing officer (not a judge) reviews evidence related to your traffic stop and the chemical test. Your attorney can cross-examine the arresting officer, challenge the accuracy of the breathalyzer or blood draw procedures, and argue that the stop was illegal. If you win, your license is not suspended. If you lose, the suspension takes effect — but your criminal case continues independently.

Will a DUI show on my permanent record in Nevada?

Yes. A DUI conviction in Nevada is a permanent criminal conviction that cannot be sealed for 7 years after the conviction (NRS 179.245). This appears on background checks and can affect employment, housing, professional licenses, and security clearances. A first-offense DUI reduced to reckless driving can be sealed after 1 year — another reason to fight the DUI charge.

Is a first DUI a felony or misdemeanor in Nevada?

A first DUI in Nevada is typically a misdemeanor under NRS 484C.400, punishable by 2 days to 6 months in jail, $400–$1,000 in fines, DUI school, and license suspension. However, a first DUI can be charged as a felony if it caused substantial bodily harm or death, or if the defendant has two prior DUI convictions within 7 years.

Can a DUI be expunged in Nevada?

Nevada doesn't use the term 'expungement' — the process is called record sealing (NRS 179.245). A DUI conviction can be sealed after 7 years from the date of conviction. A DUI charge that was dismissed or resulted in acquittal can be sealed immediately. A reduction to reckless driving can be sealed after 1 year. Record sealing removes the conviction from most background checks but the record still exists in court files.

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