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In Nevada, if a driver has been pulled over for DUI, the law requires everyone to submit to a chemical Blood Alcohol Content (BAC) test. Refusal of the test have consequences such as suspension of driver’s license, harsh court penalties, law enforcers have the right to use reasonable force to extract blood for tests.
Mandatory Chemical TestsThe Nevada DUI law states that a driver “implied consent” to submit to chemical tests once they were arrested for drunk driving.
Nevada Revised Statute Section 484C.150: Preliminary Breath Test (PBT)A law enforcer pulled over a driver and asked to take a preliminary breath test (PBT). Once determined that the driver is intoxicated, he will be arrested for drunk driving and get a 90-day suspension on their driver’s license.
Nevada Revised Statute Section 484C.160: Evidentiary Breath TestOnce the law enforcer arrests the driver for DUI, they are required to submit evidentiary chemical test such as breath, blood, or urine. Refusals to submit to appropriate chemical tests have consequences such as suspension of driver’s license. The length of suspension depends on the driver’s DUI history:
- 1 year suspension – the driver have not refused to a chemical test in the last 7 year.
- 3 year suspension – the driver refused chemical tests within 7 years and had their driver’s license suspended because of it.
Nevada Revised Statute Section 484C.240: Implied ConsentThe law states that refusing to submit or to complete one of the evidentiary test, the authorities are allowed to use “reasonable force” to administer blood test. If the Las Vegas DUI case goes to trial, the prosecution may present the test refusal as an evidence which a judge or jury might construe as guilty beyond reasonable doubt.
Under the Influence of AlcoholIf the law enforcer thought that the driver is intoxicated from alcohol and not illegal substance, the driver can choose to submit either blood or breath test. The following are instances when the police officer asks for a blood test rather than breath test:
- The incident caused serious injury or death to another person.
- Multiple DUI convictions for the last 7 years.
- The driver has been convicted within 7 years for the similar offense that caused serious injury or death of another person.