Administrative License Suspension Hearing
Being arrested for driving under the influence is a common occurrence on the Vegas Strip. Many people are aware that if convicted, they could potentially face time behind bars and be ordered to pay steep fines. However, a penalty that is often overlooked, but could be the most impactful, is an administrative license suspension.
Depending on the circumstances surrounding the case, an individual could be unable to drive for up to three years. This could have a devastating impact on your ability to provide transportation for your children, or to get to and from work. In order to avoid having your life derailed by a license suspension, contact a Clark County defense attorney immediately.
Administrative License Suspension Attorney in Las Vegas
Pariente Law Firm, P.C. represents clients who have had their driver’s license suspended as a result of a DUI related offense in Clark County, Paradise, Las Vegas, Henderson, and the surrounding areas. If you have lost your ability to drive and would like to fight to regain it, contact us today.
As a thorough defense attorney, Michael Pariente will work feverishly to ensure that you are adequately prepared to fight for your right to drive. He will present evidence that could severely weaken the prosecution’s case against you, leading to your suspension being overturned. Call him today at (702) 966-5310 in order to put your future in the best hands.
Information on Administrative License Suspension in Nevada
- Determining the Length of Administrative License Suspensions
- Administrative License Suspension Hearing in Las Vegas
- Finding the Best License Suspension Lawyer in Clark County
When an individual is convicted of drunk driving or refusing to submit to a DUI test, he or she can be subjected to an administrative license suspension. The length of his or her license suspension will depend mainly upon whether or not he or she has any prior convictions of the offense within the past seven years. The typical suspension periods are as follows:
For a first DUI, an individual’s license can be suspended for 90 days. However, after 45 days, the driver can apply for a restricted license which will allow the offender to drive for specifically outlined purposes such as, to work and school.
If the offender is convicted of drunk driving for a second time in seven years, his or her license can be suspended for a year.
For a third or subsequent DUI occurring within a seven year period, the offender’s license can be suspended for 3 years.
In order to avoid having your license suspended for months, or even years, consult with a Clark County defense attorney who could potentially have your charges dismissed or reduced, which could prevent you from being issued an administrative license suspension.
After you have received notice that your license will be suspended, you have seven days to request an administrative license suspension hearing. At the hearing you and your drunk driving defense attorney will be able to contest the validity of the license suspension. Your attorney will be allowed to cross-examine the arresting officer, present evidence, argue that your rights were violated, and employ other tactics to show why your license suspension should be overturned.
Unlike in criminal proceedings, at a license suspension hearing, the burden of proof falls on the accused. It is the responsibility of the alleged offender and his or her attorney to prove that the license suspension is invalid. In order to determine if the license suspension is valid, the court will decide if:
- The driver failed to submit to a DUI chemical test
- The offender’s BAC was determined to be .08 or above
- The law enforcement official who requested the DUI test had reasonable cause to believe the driver was operating a vehicle while under the influence of drugs or alcohol
It is important to note that you are a tourist or visitor in Las Vegas and your driver’s license is suspended, your penalties may be enforced in the city and state that you permanently reside in.
Michael Pariente is a proficient defense attorney in Las Vegas who fights to recover or maintain the driving privileges of individuals of have had their licenses suspended after a DUI related offense. As a former prosecutor, Michael Pariente has a deep understanding of the tactics the prosecutor in your case will use.
If you are facing an administrative license suspension in Clark County, Henderson, Paradise, or Las Vegas, contact Michael Pariente today at (702) 966-5310. Pariente Law Firm, P.C. awaits your call, and we are ready and willing to serve you.