NRS
483.460 Mandatory revocation of license, permit or privilege to drive;
period of revocation; tolling of period of revocation during imprisonment;
ineligibility for restricted license or ignition interlock privilege; 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 or her 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 185 days, if the offense is a
first violation within 7 years of NRS
484C.110 or 484C.120.
(b) For a period of 1 year if the offense is:
(1) Except as otherwise provided in
paragraph (c), any manslaughter, including vehicular manslaughter as described
in NRS 484B.657, 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
crash 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 second violation within 7 years of NRS 484C.110 or 484C.120.
(6) A violation of NRS 484B.550.
(c) For a period of 3 years if the offense is:
(1) A first violation of driving without
an ignition interlock device or tampering with an ignition interlock device
pursuant to subsection 2 of NRS 484C.470
and the driver is not eligible for a restricted license or an ignition
interlock privilege during any of that period.
(2) A violation of subsection 9 of NRS 484B.653.
(3) A third or subsequent violation within
7 years of NRS 484C.110 or 484C.120.
(4) A violation of NRS 484C.110 or 484C.120 resulting in a felony conviction
pursuant to NRS 484C.400 or 484C.410.
(5) A violation of NRS 484C.430 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
484C.110, 484C.130 or 484C.430.
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 when the Department is notified pursuant to NRS 209.517 or 213.12185 that the person has completed
the period of imprisonment or that the person has been placed on residential
confinement or parole.
(d) For a period of 5 years if the offense is a
second or subsequent violation of driving without an ignition interlock device
or tampering with an ignition interlock device pursuant to subsection 2 of NRS 484C.470 and the driver is not
eligible for a restricted license or an ignition interlock privilege during any
of that period.
2. The Department shall revoke the
license, permit or privilege of a driver convicted of violating NRS 484C.110 or 484C.120 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 first violation within 7 years
of NRS 484C.110 has been permitted to
enter a program of treatment pursuant to NRS
484C.320, the Department shall reduce by one-half the period during which
the person is not eligible for a license, permit or privilege to drive, but
shall restore that reduction in time if notified that the person was not
accepted for or failed to complete the treatment.
4. 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 206.330
or 392.148, chapters 484A to 484E,
inclusive, of NRS or any other provision of law, the Department shall take such
actions as are necessary to carry out the court’s order.
[33:190:1941; A 1943,
268; 1947,
443; 1943 NCL § 4442.32]—(NRS A 1959,
287; 1969,
760, 761,
1508;
1971,
2030; 1973,
586; 1975,
787; 1981,
535, 1922;
1983,
1081; 1989,
1193, 1397,
1736;
1995,
741, 1156,
1165,
1361,
1372,
1917,
2401;
1997,
802, 1742,
2842,
2856,
3367;
1999,
474, 1384,
2135,
3409;
2001,
245, 246;
2003,
1154; 2005,
76, 132,
604;
2007,
2037, 2045,
2787;
2009,
1031, 1863;
2011,
1630; 2013,
2466; 2015,
1632; 2017,
4040; 2019,
681; 2021,
2448, 3294)
Notes of Decisions
State, Dep't of Motor Vehs. v. Terracin, 199 P.3d 835 (Nev. 2009).
· cites it 29× “: NRS 483.460 provides for the mandatory revocation of a person’s driver’s license if that person has been convicted of driving under the influence of intoxicating liquor (DUT).”
Blanton v. City of North Las Vegas, 489 U.S. 538 (1989).
“See Nev. Rev. Stat. §483.460 (1) (1987). But even if they do not, we cannot say that a 90-day license suspension is that significant as a Sixth Amendment matter, particularly when a restricted license may be obtained after only 45 days.”
Jean-Baptiste Bado v. US (en banc), 186 A.3d 1243 (D.C. 2018).
· cites it 2× “at 539 (citing Nev. Rev. Stat. § 483.460 (1)(c)) (noting that suspension occurred ―automatically‖).”
Zamarripa v. First Jud. Dist. Court, 747 P.2d 1386 (Nev. 1987).
“NRS 483.460. In some situations a police officer will immediately issue an order of revocation of the person’s driver’s license.”
Blanton v. North Las Vegas Mun. Court, 748 P.2d 494 (Nev. 1987).
“NRS 483.460(l)(c) now provides for mandatory revocation of the offender’s driver’s license by the Department of Motor Vehicles for a period of ninety days.”
State v. Lomas, 955 P.2d 678 (Nev. 1998).
“4 Although Lomas was only subject to a ninety-day suspension, we also conclude that the five-year maximum suspension authorized pursuant to NRS 483.460(4)(b) is not excessive in relation to the government’s remedial goal.”
State, Dep't of Motor Vehs. & Pub. Saf. v. McLeod, 801 P.2d 1390 (Nev. 1990).
“2d 238, 240 (1987), this court noted that “[t]he objective of administrative revocation *855 of a driver’s license under NRS 483.460 is not to impose additional punishment but to protect the unsuspecting public from irresponsible drivers.”
State, Dep't of Motor Vehs. & Pub. Saf. v. Ortega, 821 P.2d 352 (Nev. 1991).
· cites it 5× “Consequently, on April 21, 1990, the DMV revoked respondent’s driving privileges pursuant to the mandatory provisions of NRS 483.460 for a period of ninety days. Respondent requested and was granted a hearing before a DMV hearing officer.”
State, Dep't of Motor Vehs. & Pub. Saf. v. Binder, 860 P.2d 163 (Nev. 1993).
· cites it 3× “State, Dep’t Motor Vehicles, this court stated that “[t]he objective of administrative revocation of a driver’s license under NRS 483.460 is not to impose additional punishment but to protect the unsuspecting public from irresponsible drivers.”
State, Dep't of Motor Vehs. & Pub. Saf. v. Paul, 936 P.2d 834 (Nev. 1997).
· cites it 12× “In its orders, the district court concluded that the revocations were improper because respondents’ convictions for their drunk driving offenses (on which their license revocations were based) did not fall within the seven-year period articulated in NRS 483.460. These appeals…”
— Nev. Rev. Stat. § 483.460(1) — 4 cases
State, Dep't of Motor Vehs. v. Terracin, 199 P.3d 835 (Nev. 2009).
“: NRS 483.460 provides for the mandatory revocation of a person’s driver’s license if that person has been convicted of driving under the influence of intoxicating liquor (DUT).”
State, Dep't of Motor Vehs. & Pub. Saf. v. Binder, 860 P.2d 163 (Nev. 1993).
“State, Dep’t Motor Vehicles, this court stated that “[t]he objective of administrative revocation of a driver’s license under NRS 483.460 is not to impose additional punishment but to protect the unsuspecting public from irresponsible drivers.”
State, Dep't of Motor Vehs. & Pub. Saf. v. Paul, 936 P.2d 834 (Nev. 1997).
“In its orders, the district court concluded that the revocations were improper because respondents’ convictions for their drunk driving offenses (on which their license revocations were based) did not fall within the seven-year period articulated in NRS 483.460. These appeals…”
— Nev. Rev. Stat. § 483.460(1)(a)(2) — 1 case
State, Dep't of Motor Vehs. v. Terracin, 199 P.3d 835 (Nev. 2009).
“: NRS 483.460 provides for the mandatory revocation of a person’s driver’s license if that person has been convicted of driving under the influence of intoxicating liquor (DUT).”
— Nev. Rev. Stat. § 483.460(1)(c) — 2 cases
— Nev. Rev. Stat. § 483.460(4)(b) — 1 case
State v. Lomas, 955 P.2d 678 (Nev. 1998).
“4 Although Lomas was only subject to a ninety-day suspension, we also conclude that the five-year maximum suspension authorized pursuant to NRS 483.460(4)(b) is not excessive in relation to the government’s remedial goal.”
— Nev. Rev. Stat. § 483.460(l)(a)(2) — 1 case
State, Dep't of Motor Vehs. & Pub. Saf. v. Paul, 936 P.2d 834 (Nev. 1997).
“In its orders, the district court concluded that the revocations were improper because respondents’ convictions for their drunk driving offenses (on which their license revocations were based) did not fall within the seven-year period articulated in NRS 483.460. These appeals…”
— Nev. Rev. Stat. § 483.460(l)(b)(5) — 4 cases
State, Dep't of Motor Vehs. v. Terracin, 199 P.3d 835 (Nev. 2009).
“: NRS 483.460 provides for the mandatory revocation of a person’s driver’s license if that person has been convicted of driving under the influence of intoxicating liquor (DUT).”
State, Dep't of Motor Vehs. & Pub. Saf. v. Paul, 936 P.2d 834 (Nev. 1997).
“In its orders, the district court concluded that the revocations were improper because respondents’ convictions for their drunk driving offenses (on which their license revocations were based) did not fall within the seven-year period articulated in NRS 483.460. These appeals…”
— Nev. Rev. Stat. § 483.460(l)(c) — 3 cases
State, Dep't of Motor Vehs. v. Terracin, 199 P.3d 835 (Nev. 2009).
“: NRS 483.460 provides for the mandatory revocation of a person’s driver’s license if that person has been convicted of driving under the influence of intoxicating liquor (DUT).”
Blanton v. North Las Vegas Mun. Court, 748 P.2d 494 (Nev. 1987).
“NRS 483.460(l)(c) now provides for mandatory revocation of the offender’s driver’s license by the Department of Motor Vehicles for a period of ninety days.”
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