If you are arrested for driving under the influence in Nevada, the arresting officer may require you to submit to a DUI blood test or urine test. If you refuse to submit to this test, your driver’s license may be suspended. If you have been arrested for DUI in Las Vegas, immediately consult with your DUI lawyer to find out the best defense to such blood and urine tests.
The blood or urine test requirement depends on the level of impairment and the circumstances that surround the issue. If this is your first DUI offense, you can go for a breath test instead of other types of tests. If you fail in the breath test, you will be required to undergo a blood test or urine test thereafter. You can also decline and choose to get the test at your own expense.
Defining the DUI Blood Test
Even if you are negative in these tests, it is still essential that you seek help from an experienced Las Vegas DUI attorney. There are some defenses against such tests because they are not all accurate and may not have been administered correctly. Legal counsels will help you craft a defense and dismiss the said charges or at least reduce it greatly.
DUI Blood Test
The following people may withdraw blood to administer tests to check the presence of alcohol or drugs in a person’s system:
- Physician
- Licensed physician assistant
- Registered nurse
- Emergency medical technician
- Phlebotomist
- A person qualified as an expert on that subject
A police officer may request for such tests to be done within reasonable grounds. If the DUI incident has caused death or fatal bodily injury, a person with a previous DWI record will be revoked of their license for 7 years.
If the person does not subject himself to the test, force may be employed by the arresting officer in order to obtain blood samples and the like. There can only be a maximum of three forced samples within the first 5-hour period of the arrest.
Right to Independent Blood Testing
If you are proven to have reasonable grounds to undergo the test at your own expense, then you can do this through the help of qualified personnel who can administer this kind of chemical test that determines the Blood Alcohol Content (BAC) or the presence of a controlled substance, under NRS 484C.180, the police must permit such additional testing at the offender’s expense.
Errors in Blood Testing
Though the results of a DUI blood test is accepted to be more reliable than a breath test, there are still many factors such as blood contamination, fermented blood or switched samples, that could affect it to show erroneous findings.
Blood Tests and DUI Defense
If you would like to discuss your case with a professional and experienced driving under the influence Attorney, we invite you to speak with us confidentially. With our extensive experience and background in DUI defense, we can provide you legal advice and defense strategies against DUI charges.