What Happens After a DUI/DWI Arrest in Nevada?
After you've been arrested for drunk driving, you probably have no idea what comes next. When you come to the law office of Mace J. Yampolsky & Associates, we'll walk you through the process and explain what happens next.
To schedule a free initial consultation, contact us online or call 702-487-4762 (toll free at 888-827-4505).
1. Motor Vehicle Hearing
To preserve your right to drive in Nevada, you must request a hearing within 7 days after your license has been taken from you by an officer or within the time set by Motor Vehicle in a revocation letter. A hearing must be initially scheduled within 90 days from the date of notification of revocation.
If you had a valid license when stopped, you qualify for a temporary license to drive until the hearing. You will be mailed a notice of the hearing about 30 to 45 days after your request. Crucial defenses can be developed at the hearing. If you fail to request a hearing with 90 days from the start of the revocation period, you waive the right to that hearing. Obviously, it is best to make a hearing request.
2. Arraignment
This is the date on your ticket — about 30 to 90 days after your arrest. If you have an attorney, you do not have to appear. It is primarily for advisement of your rights. If you have an attorney, he will advise you.
3. Pre-Trial Conference
Your attorney will discuss your case with the district attorney and negotiate the best possible plea bargain. It will happen after your arraignment. This is usually after the Motor Vehicle Hearing. The date is set by the court and your attorney on his calendar.
4. Suppression Hearing
The court may suppress some or all of the evidence against you if your constitutional rights have been violated. Your attorney will file motions to suppress. This hearing typically occurs anywhere 6 weeks to 3 months after the pre-trial conference.
5. Trial
In the State of Nevada you are not entitled to a jury trial for misdemeanors. If you are charged with a felony DUI (your third DUI or a DUI with death or substantial bodily harm), you are entitled to a jury of 12.
6. Sentencing
The court imposes a sentence after a conviction at trial or after a plea bargain is accepted and a plea entered. Sentences may include jail time, in-home detention, public service, alcohol classes and fines.
Contact me online or call me today at 702-487-4762. If you are not in the Las Vegas area please call toll free 888-827-4505 for your free consultation.
