Nevada DMV Hearings Now More Difficult to Win in DUI Cases
The Nevada Supreme Court's recent case State v. Taylor-Caldwell now makes Nevada DMV Hearings even more difficult to win than they were before. When a cop suspects someone of drunk driving in Nevada, the driver must submit to two breath tests. Prior to the ruling, the defendant's driver's license may be suspended only if both tests registered a BAC of .08 or above. But State v. Taylor-Caldwell now allows the DMV to revoke a driver's license if only one of the tests registers above the legal limit.
Nevada DMV Hearings are like mini-trials held in the Nevada Department of Motor Vehicles and presided over by an administrative law judge. Anyone who gets their Nevada driver's license suspended, revoked or denied is entitled to a hearing to contest the DMV's action. When a cop confiscates a driver's license following a failed DUI breath test, the defendant has one week to request a hearing.
DUI criminal cases are often a lot easier for a defendant to win than the corresponding Nevada DMV Hearings. In criminal cases, you can't be convicted of DUI unless the prosecutor can show "beyond a reasonable doubt" that you drove under the influence of alcohol or drugs (or with a prohibited amount in your system). But in DMV Hearings, the state needs to meet only a "preponderance of the evidence" standard to suspend your driver's license.
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