DUI Arrest in Reno or Sparks: What Happens Next
If you were arrested for DUI in Reno or Sparks, it’s easy to feel overwhelmed—especially if you’re worried about your license, court, and what to do next. The first day matters. Your paperwork matters. And what you say (or post) can matter.
Call Mayhew Law for a consultation: (775) 484-3007 | Tap to call
Serving Reno, Sparks, and the surrounding Washoe County area.
Table of Contents
- What happens during a DUI stop and arrest
- Preliminary vs. evidentiary tests: what’s the difference?
- What “implied consent” means in Nevada
- What can happen to your driver’s license
- What happens in court after a DUI arrest
- What to do in the first 24 hours
- How a DUI defense attorney can help
- FAQs
- What to do next
- NRS sections referenced
A DUI case often begins with a traffic stop. From there, an officer may look for signs of impairment and may ask questions or request tests. If the officer believes they have enough legal grounds, the stop can lead to an arrest and further testing.
Nevada’s DUI law covers driving (or being in “actual physical control” of a vehicle) while impaired, and it also includes certain “per se” alcohol or drug thresholds.
Common steps people experience:
- Traffic stop and initial questions
- Officer observations (speech, eyes, coordination, etc.)
- Field sobriety exercises (these are not the same as a chemical test)
- A request for a preliminary breath test (in some situations)
- Arrest and evidentiary testing (breath and/or blood, depending on circumstances)
- Release, bail, or a hold (depends on the situation)
Preliminary vs. evidentiary tests: what’s the difference?
People often assume “a DUI test is a DUI test,” but there are different types of tests that can come up in a DUI investigation.
Preliminary test (often roadside)
Nevada law addresses implied consent related to a preliminary test of breath, and what can happen if someone fails to submit.
Evidentiary test (after arrest)
Nevada law also addresses implied consent related to an evidentiary test after an arrest (breath and/or blood, depending on circumstances and what’s requested).
Why it matters: The type of test, when it was requested, and what paperwork you received can affect both the criminal case and license-related issues.
What “implied consent” means in Nevada
In plain English, “implied consent” generally means Nevada law treats driving on public roads as consent to certain DUI-related testing under specific rules including evidentiary testing in appropriate circumstances.
Important: Refusing a required chemical test can create additional complications beyond the criminal charge. If this happened to you, it’s worth getting your documents reviewed quickly so you understand your situation.
What can happen to your driver’s license
A DUI arrest can create two separate tracks:
- The criminal court case, and
- The DMV / license action
Depending on the circumstances, paperwork and notices may address license seizure/revocation procedures and administrative review processes tied to DUI testing outcomes and refusals.
Practical takeaway: Treat every document and notice as time-sensitive. Don’t assume you can “handle it later.”
What happens in court after a DUI arrest
Most DUI cases move through steps like:
- First court date / arraignment
- Pretrial process (evidence review, discussions with the prosecutor, and case planning)
- Motions (asking the court to rule on evidence or procedure)
- Resolution (negotiated outcome or trial)
Every case is fact-specific. The most productive next step is having your paperwork reviewed and getting a clear plan for what’s coming.
What to do in the first 24 hours
Here’s a realistic checklist for the first day:
- Save everything: citation, release papers, tow receipt, property sheet, court dates, DMV notices
- Write down what happened while it’s fresh: where you were, why you were stopped, what was said, a timeline
- Identify witnesses and proof: passengers, ride-share receipts, restaurant receipts, call logs, etc.
- Do not post about it on social media
- Don’t “explain it” in texts or DMs—especially not to friends or coworkers
- Call a DUI defense attorney to talk through your options and avoid missteps
Call Mayhew Law for a consultation: (775) 484-3007 | Tap to call
How a DUI defense attorney can help
A DUI defense attorney can help by:
- Reviewing whether the stop and arrest were handled properly
- Examining testing procedures (preliminary vs. evidentiary)
- Tracking court and DMV paperwork so nothing is missed
- Gathering helpful evidence early (video, witnesses, records)
- Explaining realistic options and risks (without guesswork)
FAQs
It depends on the state and circumstances. Many first-time DUI offenses result in fines, probation, license suspension, and DUI classes, but some cases may include jail time, especially if there was an accident or high BAC.
Yes, a DUI can significantly increase your insurance rates, and some insurers may drop your coverage entirely.
When hiring a DUI lawyer, consider:
- Experience handling DUI cases
- Success rate and client reviews
- Knowledge of local DUI laws
- Fee structure and payment options
If you cannot afford a private attorney, you may qualify for a public defender, but their caseloads are often heavy, so they may have limited time to dedicate to your case.
Refusing a chemical test can result in automatic license suspension and other penalties under implied consent laws.
- 0.02% for drivers under 21 years old
- 0.04% for commercial licensed drivers
- 0.08% for everyone else
Costs vary based on experience and complexity of the case. A DUI lawyer typically charges anywhere from $1,500 to $5,000+ for a first offense and much more for cases that go to trial.
DUI convictions typically stay on your record for several years or permanently depending on state laws. Some states allow expungement under specific conditions.
It is strongly recommended to hire an attorney, especially if you face potential jail time, high fines, or a suspended license. An attorney can help negotiate lesser charges, challenge evidence, and guide you through the legal process.
While not guaranteed, an attorney may be able to get charges dismissed or reduced if there were errors in police procedure, faulty breathalyzer results, or violations of your rights.
Sometimes, a DUI can be reduced to reckless driving or another lesser charge through plea bargaining, depending on the circumstances of your case.
What to do next
If you’re dealing with a DUI arrest in Reno or Sparks, the best move is to stop guessing and get a plan.
Call Mayhew Law for a consultation: (775) 484-3007 | Tap to call
NRS sections referenced (for this article)
- NRS 484C.110 — DUI unlawful acts / “actual physical control” concept and related provisions
- NRS 484C.150 — Implied consent to preliminary breath test; consequences for failing to submit; limits on use
- NRS 484C.160 — Implied consent to evidentiary testing and related procedures
- NRS 484C.210 — License revocation tied to evidentiary testing outcomes/refusal
- NRS 484C.220 — Seizure of license / order of revocation / administrative review and notice concepts
- NRS 484C.240 — Admissibility of refusal evidence in related actions
Disclaimer: This article is general information, not legal advice. DUI cases are fact-specific. For guidance on your situation, call for a consultation.
