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Young Lawyers: What to Expect at a DUI Administrative Hearing

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STATE BAR OF NEVADA
Nevada Lawyer Magazine
“Whether or not a licensee provides blood or breath will determine how quickly he or she will receive a notice of the suspension.”
Young Lawyers
BY PAOLA ARMENI, Young Lawyers Chair
WHAT TO EXPECT AT A DUI ADMINISTRATIVE HEARING
No matter what area of practice in which you are involved, chances are you will receive questions from friends, family members or acquaintances regarding incidents of driving under the influence and, more specifically, the effect an arrest for driving under the influence can have on someone’s (hereinafter, “licensee”) driver’s license. This article is meant to provide a brief and general overview of the Department of Motor Vehicles (DMV) administrative process when someone is cited or arrested for suspicion of driving under the influence.
Prior to the Administrative Hearing
Once an administrative hearing is set, the licensee is entitled to a temporary license which is usually available within 24 hours of requesting the administrative hearing. The licensee will be required to go to the DMV to pick up the temporary license. The temporary driver’s license will be valid until a final decision is made by the administrative law judge.
Hearing
Notice and Opportunity to Be Heard
Prior to the DMV taking away licensee’s driver’s license, due process requires that the licensee receive notice of the suspension and the opportunity to be heard. Whether or not a licensee provides blood or breath will determine how quickly he or she will receive a notice of the suspension. If a licensee provides a breath sample with an alcohol content of .08 or above, he or she will immediately receive notice that their license will be suspended in seven days. Therefore, in this situation, a person has seven days to request an administrative hearing. If, in the alternative, a blood test is taken, notice of a suspension will not be provided until after the results of the alcohol or drug content is determined. This usually takes a couple of months after which the licensee will receive a certified letter from the DMV advising the licensee that his or her license will be suspended. Upon receipt of the certified letter, one can request an administrative hearing.
Under Nevada law, administrative driver’s license revocation proceedings are considered to be civil in nature, not criminal. Consequently, the burden of proof is placed on the licensee and not on the state; the licensee must prove that he or she was not driving while intoxicated. A DMV Administrative Hearing usually involves three people: the administrative law judge, the police officer who arrested or cited the licensee and the attorney who represents the licensee. The licensee can attend the hearing if he or she wishes but that attendance is not necessary. The scope of review during a driver’s license revocation hearing is limited to three issues: 1. whether or not the person failed to submit to an evidentiary test; 2. whether or not a person’s blood alcohol level exceeded the legal limit at the time of the test; and 3. whether or not the DUI officer who ordered an evidentiary test had reasonable grounds, at the time the test was ordered, to believe the person had been driving or in actual physical control of a vehicle while intoxicated.
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Nevada Lawyer
July 2011
sized firms. In fact, 37 percent of the class of 2010 was working for firms with 25 or fewer attorneys as of February 2011 (nine months after graduation). Many students begin working with small- to medium-sized firms part-time during law school and often continue after receiving their bar results. If the firms are unable to hire the law clerks as attorneys, the graduates will still have gained valuable practical experience that will assist them in their job searches as attorneys. Law firms of all sizes can take advantage of our students’ willingness and desire to work part-time during law school. Students receive valuable practical experience in research and drafting, not to mention real-world training. The firms benefit by having enthusiastic, welltrained students who can provide valuable assistance with big cases or projects. The Career Services Office at Boyd specializes not only in connecting students and alumni with employers, but also in teaching professional skills essential for long-term success. We are receptive to the local legal market as well as our students’ areas of interest. To that end, our office provides “nuts and bolts” workshops on subjects such as resume drafting, interviewing skills, networking, and job search strategies. In the fall 2011 semester we will also be holding panels on the small- to medium-sized firm job search and alternative careers. We also frequently bring in attorneys from various practice areas to discuss their work and career paths. Our office will continue to work with the class of 2011 to find secure, rewarding and compatible legal employment. In this effort, we welcome the assistance of members of the bar – not just in recruiting, but in providing advice to recent graduates. We also encourage attorneys to participate in our panels as speakers, as well as to serve as mentors to first-year students. Please do not hesitate to contact me at (702) 895-2425 or layke.stolberg@unlv.edu. lAyKe m. StolBeRg is the Director of Career Services at the William S. Boyd School of Law. Prior to joining the Career Services Office, Stolberg was an adjunct professor with Boyd’s Lawyering Process legal research and writing program and an attorney at the Las Vegas law firm of Marquis Aurbach Coffing.
1 Lateral hiring fell by 46 percent from 2008-09, but rose about 30 percent from 2009-10. See Judith N. Collins, NALP Research: “Entry-level and Lateral Hiring – On the Road to Recovery?,” NALP Bulletin (March 2011). 2 See James G. Leipold, “The Changing Legal Employment Market for New Law School Graduates,” The Bar Examiner (November 2010).
HONO R ROLL
The State Bar of Nevada Board of Governors and the Access to Justice Commission extend a special thanks to the following attorneys who generously accepted cases in April 2011 through the Legal Aid Center of Southern Nevada, Washoe Legal Services, Nevada Legal Services and Volunteer Attorneys for Rural Nevadans.
Aaron Yen Alex Drew Amanda Roberts Angela Hensley Angela Lightner Audrey Levinson Benjamin Childs Bill Hart Brenoch Writhlin Candace Clark Casey Campbell Cheryl Wilson Chris Mackenzie Christopher Phillips Dan Bonneville Dara Goldsmith Delwyn Webber Doug Rands Earl Hawley Elizabeth Brickfield Ellen Stoebling Emelia Allen Ethan Featherstone Henry Sotelo Israel Kunin Jason Stoffel Jeffrey Hall Jeffrey Patterson Kevin Christensen Kriston Whiteside Lawrence Winking Lois DiVietro Marissa Temple Marjorie Guymon Marshal Willick Mary Madrid Huck Michelle Hauser Mont Tanner Nancy Rey Jackson Patrick Kang Peter Dubowsky Richard Koch Robert Dickerson Robert Grayson Robert Wines Rodney Sumpter Sarah Carasco Sean Patterson Shay Wells Shay Wells Shiv Kapoor Steven Moss Talitha Gray Tamara Jankovic Thomas Shaddix Timothy Baldwin Ty Kehoe
ASK-A-LAWYER, CLINICS, AND OTHER BRIEF SERVICES
Adriana Rincon Alex Morey Alison Colvin Amber Robinson Anna Marie Johnson April Green Bill O’mara Bryce Earl Chuck Zumpft E. Derek Jamison Erin Houston Gabrielle Jones Gary Pakele Gene Kaufmann Jeremiah Barlow Jeremy McKissack Kendal Davis Kimberly Abbott Krissta Kirschenheiter Lois DiVietro Lynn Conant Mark Liapis Michael Wixom Muriel Skelly Rich Williamson Robert Blau Shannon Wilson Stacy Harrop Sue Trazig Cavaco Susan Noyce Susan Trautmann Tera Hodge William Kapalka
BolD honors multiple cases accepted and/or sessions conducted within the month.
July 2011
Nevada Lawyer
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