If you’ve been stopped on suspicion of DUI in Las Vegas, you might wonder whether you can refuse a field sobriety or breathalyzer test. Knowing your rights in these situations is critical to protecting yourself and your future. Here's what you need to know:
Field Sobriety Tests in Nevada
Field sobriety tests (FSTs) are voluntary in Nevada. These tests, which assess balance, coordination, and other cognitive functions, are often used by officers to establish probable cause for a DUI arrest. You are within your rights to politely decline to perform field sobriety tests. However, refusing may still raise suspicion, and the officer may proceed with other steps in the investigation.
Preliminary Breath Test (PBT)
A roadside breathalyzer, also called a preliminary breath test, is typically offered before an arrest to estimate your blood alcohol concentration (BAC). In Nevada, you can refuse a PBT without immediate penalties. However, this refusal may result in the officer seeking additional evidence, such as a warrant for a formal chemical test.
Implied Consent and Post-Arrest Chemical Tests
Nevada’s implied consent law applies after you’ve been lawfully arrested for DUI. This means you’ve already agreed to submit to a blood, breath, or urine test when you accepted your driver’s license. Refusing a post-arrest chemical test carries serious consequences, including a year-long license suspension and possible installation of an ignition interlock device (IID).
Legal Consequences of Refusal
Refusing FSTs or preliminary breath tests may not carry immediate penalties, but refusal of a post-arrest chemical test can significantly impact your case. Prosecutors may argue that your refusal indicates guilt, which could strengthen the case against you.
Protect Your Rights with an Experienced DUI Defense Attorney
If you’re facing DUI charges in Las Vegas, it’s crucial to consult with a skilled criminal defense attorney. Goodman Law Group has extensive experience defending clients against DUI charges. We can help challenge the evidence, including test refusals, and work to achieve the best possible outcome for your case.
Contact Goodman Law Group today for a free consultation and let us protect your rights and your future.