Kody Brown's License Suspension and What It Reveals About Nevada Law
Kody Brown, the patriarch of the TLC reality show "Sister Wives," had his Nevada driver's license suspended in 2022 after he was arrested on a DUI charge in Las Vegas. The suspension was a direct consequence of Nevada's automatic administrative suspension rules, which take effect when ready when a driver is arrested for driving under the influence — before any criminal conviction occurs. Brown's case became public because of his television profile, but the mechanics of his suspension follow the same path that thousands of Nevada drivers experience each year.
The suspension itself was not a punishment handed down by a judge. Instead, it was triggered by Nevada's Department of Motor Vehicles (DMV) under what the state calls an "administrative per se" suspension. This happens automatically when a driver either fails or refuses a breath or blood test during a DUI stop. Brown's suspension meant he could not legally drive in Nevada for a set period, regardless of the outcome of any criminal case against him.
Understanding Brown's situation is useful because it shows how suspension works independently of criminal charges. Many people assume a license suspension only happens after a conviction, but Nevada law separates the two processes entirely. One is civil (the DMV's action), and one is criminal (the court's action). Both can happen to the same person, but they operate on different timelines and have different rules.
Key Takeaways
- Nevada suspends licenses automatically when a driver is arrested for DUI and fails or refuses a breath or blood test, before any criminal case is resolved.
- The administrative suspension is separate from any criminal conviction and can stand even if the DUI charge is later dismissed or reduced.
- A first-time DUI suspension in Nevada typically lasts 90 days if the driver took a test, or one year if they refused the test.
- Drivers can request a hearing with the DMV to challenge the suspension, but they must do so within seven days of arrest or the suspension becomes final.
- Reinstating a suspended license requires paying a reinstatement fee and, in some cases, installing an ignition interlock device on your vehicle.
How Nevada's Automatic Suspension Works
When a police officer stops a driver suspected of DUI in Nevada, the officer can request a breath or blood test. If the driver's blood alcohol content (BAC) is 0.08 or higher, or if the driver refuses the test, Nevada law triggers an when ready administrative suspension. The officer issues a notice on the spot, and the suspension begins either when ready or after a waiting period, depending on whether the driver took the test.
For drivers who took a breath or blood test and failed it, the suspension typically begins seven days after the arrest. This seven-day window is meant to give the driver time to arrange alternative transportation or request a hearing. For drivers who refused the test, the suspension is often more severe and can begin when ready in some circumstances, though the driver still has the right to request a hearing within seven days.
The key point is that this suspension happens through the DMV, not through a criminal court. The criminal case — whether the DUI charge is prosecuted, dismissed, or reduced — is entirely separate. A driver can have their license suspended by the DMV while their criminal case is still pending, or even after the criminal case is dismissed.
The Difference Between Administrative and Criminal Consequences
Kody Brown's case illustrates why this distinction matters. The administrative suspension (the DMV's action) and the criminal DUI charge (the court's action) are two separate legal processes with different standards of proof, different timelines, and different outcomes. A driver can lose their license through the administrative process even if they are later found not guilty of DUI in criminal court.
The administrative process is civil, meaning the burden of proof is lower than in criminal court. The DMV only needs to show that the driver was arrested and that a test showed a BAC of 0.08 or higher, or that the driver refused a test. The criminal process requires proof "beyond a reasonable doubt," which is a much higher standard. This is why some drivers have their licenses suspended but are never convicted of DUI — or are convicted of a lesser charge.
In Brown's case, the public record shows the arrest and the administrative suspension, but the criminal outcome was less widely reported. This is common: the suspension is when ready and visible, while the criminal case can take months or years to resolve. By the time a case is dismissed or reduced, many people have already moved on and may not hear about it.
Nevada's Suspension Timeline and Length
The length of a suspension in Nevada depends on the driver's history and whether they took or refused the test. For a first-time DUI arrest where the driver took a breath or blood test, the administrative suspension lasts 90 days. If the driver refused the test, the suspension is typically one year for a first offense.
These timelines are set by Nevada law and are not negotiable through the DMV. However, a driver can request a hearing within seven days of arrest to challenge the suspension. If the driver wins the hearing, the suspension is lifted. If the driver loses or does not request a hearing, the suspension takes effect as scheduled.
After the suspension period ends, the driver's license is not automatically reinstated. The driver must pay a reinstatement fee to the Nevada DMV and, in many cases, show proof of completing a DUI education program or installing an ignition interlock device. The reinstatement fee varies but is typically several hundred dollars.
Requesting a Hearing to Challenge the Suspension
A driver arrested for DUI in Nevada has the right to request an administrative hearing to challenge the suspension. This hearing is separate from any criminal court proceeding. The hearing is conducted by the Nevada DMV, not by a judge, and the driver can represent themselves or hire an attorney.
The request must be made within seven days of the arrest. If the driver misses this important date, the suspension becomes final and cannot be challenged through the administrative process. The seven-day window is strict — it is not extended for weekends or holidays in most cases.
At the hearing, the DMV will present evidence that the driver was arrested and that a test showed a BAC of 0.08 or higher, or that the driver refused a test. The driver can cross-examine the officer and present their own evidence. The hearing officer will then decide whether to uphold or overturn the suspension. If the suspension is overturned, the driver's license is when ready restored.
Reinstating Your License After Suspension Ends
Once the suspension period expires, the driver must take steps to reinstate their license. straightforward waiting out the suspension does not automatically restore driving privileges. The driver must contact the Nevada DMV, pay the reinstatement fee, and provide any required documentation.
For many DUI suspensions, Nevada requires the driver to show proof of completing a DUI education or treatment program before reinstatement. The specific program depends on the driver's BAC level and criminal history. First-time offenders with a BAC between 0.08 and 0.10 may only need to complete an educational program, while those with higher BAC levels or prior offenses may need more intensive treatment.
Additionally, Nevada law requires many DUI offenders to install an ignition interlock device (IID) on their vehicle. An IID is a breathalyzer connected to the car's ignition system that prevents the vehicle from starting if it detects alcohol on the driver's breath. The driver pays for the device and its monthly monitoring, which typically costs $60 to $100 per month. The length of time the IID must remain installed depends on the offense and the driver's history.
What Happens If You Drive on a Suspended License
Driving on a suspended license in Nevada is a separate criminal offense. If a driver is caught driving during a DUI suspension, they can face additional criminal charges, fines, jail time, and a further extension of the suspension. A first offense of driving with a suspended license can result in a fine of up to $1,000 and up to six months in jail. A second offense within seven years carries steeper penalties.
This is why understanding the suspension and the timeline for reinstatement is important. Many people do not realize their license is suspended and continue driving, which creates a new legal problem on top of the original DUI charge. Checking the status of your license with the Nevada DMV before driving is the safest approach.
Frequently Asked Questions
Can I drive with a suspended license if I have a work permit?
Nevada does not issue "work permits" that allow driving on a suspended DUI license. However, a driver may be able to request a "restricted license" that allows driving to and from work, school, or medical appointments. This requires a separate request to the DMV and is not automatic. The DMV will consider the driver's circumstances and may grant a restricted license for essential travel only.
What if I was arrested for DUI but the charges were dropped?
The administrative suspension and the criminal charges are separate. Even if the DUI charge is dismissed, the administrative suspension can remain in effect unless the driver won a hearing to challenge it or the DMV agrees to lift it. The driver would need to contact the Nevada DMV to determine the status of the suspension and whether it can be removed based on the dismissal.
How long does a DUI stay on my Nevada driving record?
A DUI conviction stays on your Nevada driving record for 10 years. This affects your insurance rates, your ability to get certain jobs, and the penalties for any future DUI offenses. An arrest that does not result in conviction may be removable from your record under certain circumstances, but this requires a separate legal process.
Can I appeal the DMV's decision to suspend my license?
The administrative hearing with the DMV is your main opportunity to challenge the suspension. If you lose that hearing, you can appeal to a Nevada district court, but this is a more formal and expensive process. You would need to file the appeal within a specific timeframe and typically with an attorney. Most drivers do not pursue this route unless they believe the hearing was conducted improperly.
What is an ignition interlock device and how much does it cost?
An ignition interlock device is a breathalyzer installed in your vehicle that prevents the car from starting if it detects alcohol. Nevada requires many DUI offenders to install one. The cost is typically $60 to $100 per month, paid by the driver. The device must remain installed for a period set by the court or DMV, which can range from several months to several years depending on the offense.