Thursday, June 28, 2007
Nevada license information after a DUI
The statute covering the revocation of Nevada licenses is NRS 483.460:
NRS 483.460 Mandatory revocation of license, permit or privilege to drive; period of revocation; tolling of period of revocation during imprisonment; eligibility for restricted license; action to carry out court's order.
1. Except as otherwise provided by specific statute, the Department shall revoke the license, permit or privilege of any driver upon receiving a record of his conviction of any of the following offenses, when that conviction has become final, and the driver is not eligible for a license, permit or privilege to drive for the period indicated:
(a) For a period of 3 years if the offense is:
(1) A violation of subsection 2 of NRS 484.377.
(2) A violation of NRS 484.379 that is punishable as a felony pursuant to NRS 484.3792.
(3) A violation of NRS 484.3795 or a homicide resulting from driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or resulting from any other conduct prohibited by NRS 484.379, 484.3795 or 484.37955.
Ê The period during which such a driver is not eligible for a license, permit or privilege to drive must be set aside during any period of imprisonment and the period of revocation must resume upon completion of the period of imprisonment or when the person is placed on residential confinement.
(b) For a period of 1 year if the offense is:
(1) Any other manslaughter, including vehicular manslaughter as described in NRS 484.3775, resulting from the driving of a motor vehicle or felony in the commission of which a motor vehicle is used, including the unlawful taking of a motor vehicle.
(2) Failure to stop and render aid as required pursuant to the laws of this State in the event of a motor vehicle accident resulting in the death or bodily injury of another.
(3) Perjury or the making of a false affidavit or statement under oath to the Department pursuant to NRS 483.010 to 483.630, inclusive, or pursuant to any other law relating to the ownership or driving of motor vehicles.
(4) Conviction, or forfeiture of bail not vacated, upon three charges of reckless driving committed within a period of 12 months.
(5) A violation of NRS 484.379 that is punishable pursuant to paragraph (b) of subsection 1 of NRS 484.3792 and the driver is not eligible for a restricted license during any of that period.
(6) A violation of NRS 484.348.
(c) For a period of 90 days, if the offense is a violation of NRS 484.379 that is punishable pursuant to paragraph (a) of subsection 1 of NRS 484.3792.
2. The Department shall revoke the license, permit or privilege of a driver convicted of violating NRS 484.379 who fails to complete the educational course on the use of alcohol and controlled substances within the time ordered by the court and shall add a period of 90 days during which the driver is not eligible for a license, permit or privilege to drive.
3. When the Department is notified by a court that a person who has been convicted of a violation of NRS 484.379 that is punishable pursuant to paragraph (a) of subsection 1 of NRS 484.3792 has been permitted to enter a program of treatment pursuant to NRS 484.37937, the Department shall reduce by one-half the period during which he is not eligible for a license, permit or privilege to drive, but shall restore that reduction in time if notified that he was not accepted for or failed to complete the treatment.
4. The Department shall revoke the license, permit or privilege to drive of a person who is required to install a device pursuant to NRS 484.3943 but who operates a motor vehicle without such a device:
(a) For 3 years, if it is his first such offense during the period of required use of the device.
(b) For 5 years, if it is his second such offense during the period of required use of the device.
5. A driver whose license, permit or privilege is revoked pursuant to subsection 4 is not eligible for a restricted license during the period set forth in paragraph (a) or (b) of that subsection, whichever applies.
6. In addition to any other requirements set forth by specific statute, if the Department is notified that a court has ordered the revocation, suspension or delay in the issuance of a license pursuant to title 5 of NRS, NRS 176.064 or 206.330, chapter 484 of NRS or any other provision of law, the Department shall take such actions as are necessary to carry out the court's order.
7. As used in this section, “device” has the meaning ascribed to it in NRS 484.3941.
The highlighted portions of the statute show a revocation for a DUI offense, but the offense has to be “a violation of NRS 484.379”, not a generic DUI. In other words, there is no provision for revoking a Nevada DL for a violation of a DUI statute from another state.
The case of Krahn v. State, Dep't of Motor Vehicles & Public Safety, 108 Nev. 1015, 842 P.2d 728 (1992) held that a violation of a federal DUI statute didn’t trigger the revocation because it wasn’t a violation of NRS 484.379. This same argument sgould apply to DUI convictions from other jurisdictions if a case were taken up on appeal.
NRS 483.460 Mandatory revocation of license, permit or privilege to drive; period of revocation; tolling of period of revocation during imprisonment; eligibility for restricted license; action to carry out court's order.
1. Except as otherwise provided by specific statute, the Department shall revoke the license, permit or privilege of any driver upon receiving a record of his conviction of any of the following offenses, when that conviction has become final, and the driver is not eligible for a license, permit or privilege to drive for the period indicated:
(a) For a period of 3 years if the offense is:
(1) A violation of subsection 2 of NRS 484.377.
(2) A violation of NRS 484.379 that is punishable as a felony pursuant to NRS 484.3792.
(3) A violation of NRS 484.3795 or a homicide resulting from driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or resulting from any other conduct prohibited by NRS 484.379, 484.3795 or 484.37955.
Ê The period during which such a driver is not eligible for a license, permit or privilege to drive must be set aside during any period of imprisonment and the period of revocation must resume upon completion of the period of imprisonment or when the person is placed on residential confinement.
(b) For a period of 1 year if the offense is:
(1) Any other manslaughter, including vehicular manslaughter as described in NRS 484.3775, resulting from the driving of a motor vehicle or felony in the commission of which a motor vehicle is used, including the unlawful taking of a motor vehicle.
(2) Failure to stop and render aid as required pursuant to the laws of this State in the event of a motor vehicle accident resulting in the death or bodily injury of another.
(3) Perjury or the making of a false affidavit or statement under oath to the Department pursuant to NRS 483.010 to 483.630, inclusive, or pursuant to any other law relating to the ownership or driving of motor vehicles.
(4) Conviction, or forfeiture of bail not vacated, upon three charges of reckless driving committed within a period of 12 months.
(5) A violation of NRS 484.379 that is punishable pursuant to paragraph (b) of subsection 1 of NRS 484.3792 and the driver is not eligible for a restricted license during any of that period.
(6) A violation of NRS 484.348.
(c) For a period of 90 days, if the offense is a violation of NRS 484.379 that is punishable pursuant to paragraph (a) of subsection 1 of NRS 484.3792.
2. The Department shall revoke the license, permit or privilege of a driver convicted of violating NRS 484.379 who fails to complete the educational course on the use of alcohol and controlled substances within the time ordered by the court and shall add a period of 90 days during which the driver is not eligible for a license, permit or privilege to drive.
3. When the Department is notified by a court that a person who has been convicted of a violation of NRS 484.379 that is punishable pursuant to paragraph (a) of subsection 1 of NRS 484.3792 has been permitted to enter a program of treatment pursuant to NRS 484.37937, the Department shall reduce by one-half the period during which he is not eligible for a license, permit or privilege to drive, but shall restore that reduction in time if notified that he was not accepted for or failed to complete the treatment.
4. The Department shall revoke the license, permit or privilege to drive of a person who is required to install a device pursuant to NRS 484.3943 but who operates a motor vehicle without such a device:
(a) For 3 years, if it is his first such offense during the period of required use of the device.
(b) For 5 years, if it is his second such offense during the period of required use of the device.
5. A driver whose license, permit or privilege is revoked pursuant to subsection 4 is not eligible for a restricted license during the period set forth in paragraph (a) or (b) of that subsection, whichever applies.
6. In addition to any other requirements set forth by specific statute, if the Department is notified that a court has ordered the revocation, suspension or delay in the issuance of a license pursuant to title 5 of NRS, NRS 176.064 or 206.330, chapter 484 of NRS or any other provision of law, the Department shall take such actions as are necessary to carry out the court's order.
7. As used in this section, “device” has the meaning ascribed to it in NRS 484.3941.
The highlighted portions of the statute show a revocation for a DUI offense, but the offense has to be “a violation of NRS 484.379”, not a generic DUI. In other words, there is no provision for revoking a Nevada DL for a violation of a DUI statute from another state.
The case of Krahn v. State, Dep't of Motor Vehicles & Public Safety, 108 Nev. 1015, 842 P.2d 728 (1992) held that a violation of a federal DUI statute didn’t trigger the revocation because it wasn’t a violation of NRS 484.379. This same argument sgould apply to DUI convictions from other jurisdictions if a case were taken up on appeal.
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