The counting by the DMV is based upon the number of prior suspensions. Although your second DUI is pending the DMV is able to go forward with the revocation hearing. You should contact an
attorney who you can provide all of the information concerning the charges and status of the matters.
The information shared in this e-mail does not constitute an attorney-client relationship and you should consult with a local attorney in your city where you can share confidential matters and receive a full evaluation of your legal situation.
The DUI and DMV hearings are separate entities. If your suspension is from DMV for having a blood/breath alcohol level above .08 or a prohibited substance above a certain level, i.e. marijuana, then you can receive a restricted license after 45 days of suspension. BUT, if you suspension occurred as a result of your second DUI CONVICTION within seven years, then the suspension will be for a full year and you cannot get a restricted license. Considering that you state that the second dui is still pending, you should be able to get a restricted license. You should call NV DMV and ask to speak to your case worker who can tell you about your eligibility.