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DUI lawyer Las Vegas: what happens after a DUI arrest

If you are searching "DUI lawyer Las Vegas" after an arrest, read this first. A Nevada DUI runs on two tracks at once: the DMV takes your license, and the court handles the criminal case. The license track has a 7-day clock that can run out before you ever talk to a lawyer.

What to do first

1. Find the papers the officer gave you. If you failed a test or refused one, the officer serves an order revoking your license and takes your license card. The officer must tell you about your right to a DMV review and to a temporary license (NRS 484C.220(1)).
2. Count the days on the temporary license. If you asked for one, it is good for only 7 days, counting the day you got it (NRS 484C.220(1)). If your blood result came back later, the DMV mails the revocation order instead, and it takes effect 5 days after mailing (NRS 484C.220(3)).
3. Ask for the DMV hearing in writing. You only get one hearing. Asking gets you an additional temporary license that lasts until the review is done (NRS 484C.230(1)). Ask before the 7-day paper runs out so you don't lose days of driving. Check with the DMV for the form and where to send it.
4. Don't ask to postpone the hearing lightly. If the hearing is continued at your request, the DMV cancels your temporary license (NRS 484C.230(5)). The hearing only asks whether you refused the test or tested over the limit (NRS 484C.230(2)).
5. Go to your first court date. You must be taken before a judge without unnecessary delay (NRS 171.178(1)). The judge must tell you the charge, that you can hire a lawyer or ask for one if you can't afford it, and that you don't have to make a statement (NRS 171.186).

Deadlines you can lose

SituationDeadlineSource
Temporary license from the officerGood for 7 days, counting the day it was issuedNRS 484C.220(1)
Revocation order mailed by the DMVTakes effect 5 days after mailingNRS 484C.220(3)
DMV hearingAsk in writing while you are not eligible to drive. One hearing onlyNRS 484C.230(1)
Treatment program in place of part of the sentence, first offense under 0.16Apply at the finding of guilt or any time before sentencingNRS 484C.320(1)
Defense that you drank after driving, not beforeWritten notice to the prosecutor at least 14 days before trial or the preliminary hearingNRS 484C.110(5)
DUI course ordered by the courtFinish it in the time ordered, or the DMV adds 90 days to your revocationNRS 483.460(2)

Read 2026-10-30 off the Nevada Revised Statutes: chapter 484C stamped Rev. 9/9/2026 (2026R1), chapter 483 stamped Rev. 9/9/2026 (2026R1), chapters 171, 178 and 179 stamped Rev. 4/15/2026 (2025).

What counts as DUI in Nevada

It is illegal to drive or be in actual physical control of a vehicle on a highway, or anywhere the public can go, if you are under the influence of alcohol, have 0.08 or more alcohol in your blood or breath, or test at 0.08 or more within 2 hours of driving (NRS 484C.110(1)). Driving under the influence of a controlled substance is illegal too, and having a legal right to use that drug is not a defense (NRS 484C.110(2)).

The test you agreed to by driving

Anyone who drives in Nevada is treated as having agreed to a breath, blood or urine test when an officer has reasonable grounds to believe they were driving impaired (NRS 484C.160(1)). The officer must warn you that refusing means losing your license (NRS 484C.160(2)). If you refuse, the officer can ask a judge for a warrant to take your blood using reasonable force (NRS 484C.160(9)). After the arrest you can ask to have a qualified person you choose run your own test, at your expense. It does not replace the officer's test (NRS 484C.180).

How long the DMV takes your license

SituationNot eligible to driveSource
Test showed 0.08 or more, or a drug with no prescription185 daysNRS 484C.210(2)
Refused the test1 yearNRS 484C.210(1)(a)
Refused, after a refusal revocation in the past 7 years3 yearsNRS 484C.210(1)(b)
Convicted of a first DUI in 7 years185 daysNRS 483.460(1)(a)
Convicted of a second DUI in 7 years1 yearNRS 483.460(1)(b)(5)
Third DUI in 7 years, any felony DUI, or a DUI that caused death or serious injury3 yearsNRS 483.460(1)(c)(3)–(5)

During a revocation you can drive only with an ignition interlock device you pay for, under an ignition interlock privilege (NRS 484C.210(3)). The statute fee to reinstate after a DUI revocation is $120 (NRS 483.410, version in effect through 31 December 2026). Check the DMV's posted total.

Penalties by offense

OffenseWhat the law setsSource
First DUI in 7 years (misdemeanor)2 days to 6 months in jail or residential confinement, or 48 to 96 hours of community service. $400 to $1,000 fine. Pay for and finish a DUI course. Treatment program if you tested 0.16 or moreNRS 484C.400(1)(a)
Second DUI in 7 years (misdemeanor)20 days to 6 months in jail or residential confinement, with at least one 48-hour stretch. $750 to $1,000 fine, or an equivalent number of hours of community service. Treatment programNRS 484C.400(1)(b), (3)
Third DUI in 7 yearsCategory B felony. 1 to 6 years in prison. $2,000 to $5,000 fineNRS 484C.400(1)(c)
Any DUI after a felony DUI or a DUI homicideCategory B felony. 2 to 15 years in prison. $2,000 to $5,000 fineNRS 484C.410(1)
DUI that caused substantial bodily harmCategory B felony. 2 to 20 years in prison. $2,000 to $5,000 fineNRS 484C.430(2)(b)
DUI that caused a deathCategory B felony. 2 to 25 years, or 5 to 25 years with one or two prior offenses. $2,000 to $5,000 fineNRS 484C.430(2)(a)

An earlier DUI counts if it happened within 7 years of the new one, and time spent in prison, on probation or on parole is left out of the 7 years (NRS 484C.400(2), (6)). A DUI from another state counts (NRS 484C.400(7)(c)).

What comes with a conviction

Ignition interlock — at your expense, for 185 days after a first DUI in 7 years, 1 year after a second, and 3 years after a felony DUI or one that caused death or serious injury (NRS 484C.460(1)).
Victim impact panel — the court orders you to attend a live meeting in person, at your expense, and pay any fee the court has set (NRS 484C.530(2)).
No easy plea deal — the prosecutor can't drop a DUI for a lesser charge unless there is no probable cause or it can't be proved. There is no probation, and only the part of a sentence above the mandatory minimum can be suspended (NRS 484C.420(1)).
Your record — a misdemeanor DUI can be sealed 7 years after you leave custody or finish a suspended sentence, whichever is later (NRS 179.245(1)(e)). A third-offense felony DUI, or a DUI that caused death or substantial bodily harm, can never be sealed (NRS 179.245(6)(d)–(e)). See Seal a criminal record.

When you get a public defender

If you are charged with a misdemeanor that can carry jail time, a gross misdemeanor or a felony, and you can't afford a lawyer, you are entitled to one at every stage, from your first court date through appeal (NRS 178.397). A first DUI can carry jail (NRS 484C.400(1)(a)), so it counts.

Ask the judge out loud at your first court date. You sign an affidavit saying you can't pay a lawyer, with real facts about your money. If the judge agrees, the judge assigns the public defender (NRS 171.188(1)–(3)). The DMV hearing is a separate case, so ask whether your lawyer will handle that too.

What to ask a DUI lawyer

1. Will you handle my DMV hearing, and has the request gone in? The 7-day temporary license doesn't wait for you to choose a lawyer.
2. Is this a first, second or third offense? Ask how the 7-year count works in your case, and whether an out-of-state case counts.
3. Do I qualify for a treatment program? A first offender under 0.16 can apply to do treatment in place of part of the sentence (NRS 484C.320(1)).
4. Was the test done right? Ask about the breath or blood test, and whether you asked for your own.
5. What will it cost, start to finish? Get the full fee in writing, and ask what it leaves out: the DMV hearing, a trial, the interlock.
This page is not legal advice. It explains what Nevada's statutes say. For free legal help, contact Legal Aid Center of Southern Nevada. For your court date, check with the court named on your paperwork. For the hearing request form, check with the Nevada DMV. Call 211 if you need help.