Refusal to Submit to Test

Las Vegas DUI attorney
DUI Refusal Under Nevada’s Law

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Update: New Supreme Court Decision Impacting Your DUI Rights

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Consequences of DUI Refusal under Nevada Law

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.

Nevada DUI Cases: Mandatory Chemical Tests

The 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 Test

Once the law enforcer arrested the driver for Las Vegas 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 Consent

The 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.

Las Vegas DUI Cases: Under the Influence of Alcohol

If 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.

Las Vegas DUI Cases: Under the Influence of Drugs (Controlled or Illegal substance)

When a law enforcer believes that the driver is under the influence of drugs, he is required to take breath, blood, and urine tests. Refusal to take one evidentiary test may be admitted at trial and could be used against you.

Las Vegas DUI Cases: Chemical Tests Under 18

Las Vegas underage DUI law states that drivers under 18 are subjected to the same penalties for chemical test refusals. The law enforcers, however, must make a reasonable attempt to notify the driver’s parents, guardians, or custodians before performing any tests.

Las Vegas DUI Cases: Medical Conditions

On most cases, chemical tests refusal laws in Nevada may exempt drivers from taking a blood test if they have hemophilia or heart conditions that require them to use anticoagulant. However, the drivers are still subjected to submit breath or urine tests.

Las Vegas DUI Defense Attorney, Ross Goodman

If you have been arrested for DUI charges in Las Vegas, get help from an experienced Las Vegas Criminal Defense lawyer. Conviction for DUI has serious consequences – especially if the incident involves injury to people, or it is your second DUI. Reduce or avoid your DUI penalties with the help of a skilled attorney with expert knowledge on Nevada’s laws and about how the system works in Clark County’s court. Contact Ross Goodman get help with keeping your driver’s license, and also keeping you out of jail.

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Testimonials
  • “Winning a close to $1M verdict against a promoter who invested millions of dollars from NHL players. I enjoyed working with Ross Goodman, a long  time colleague and friend.  His office was very user friendly and his staff more than helpful.  It made the trial very bearable and our presentation effective.”
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    --Pam M.
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