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DUI Test Refusal

Las Vegas DUI Test Refusal Lawyers

Understanding DUI Test Refusal Charges in Nevada

Confronting a DUI charge is a severe situation, and it becomes even more complex if you refuse a breathalyzer test. Knowing your rights and the potential outcomes is essential for managing this difficult circumstance. Goodman Law Group is committed to offering the legal assistance you need to handle DUI test refusal charges in Las Vegas. 

Call Goodman Law Group today at (702) 825-7854 or contact us online to schedule a meeting with our DUI test refusal attorney in Las Vegas!

Can You Refuse a Breathalyzer Test in Nevada?

Yes, you can refuse a breathalyzer test in Nevada, but doing so has significant consequences. Nevada operates under an "implied consent" law, meaning that by driving on Nevada roads, you have implicitly agreed to submit to chemical testing (breath, blood, or urine) if you are lawfully arrested for a DUI. Refusal to comply with this requirement can lead to automatic penalties, which can be severe and long-lasting.

What Are the Consequences of Refusing a Breathalyzer Test in Nevada?

Refusing a breathalyzer test in Nevada can lead to immediate and automatic penalties, including:

  • License Suspension: For a first offense, refusing a breathalyzer test can result in an immediate one-year license suspension. A second or subsequent refusal within seven years can lead to a three-year suspension.
  • Evidentiary Use: The prosecution can use your refusal as evidence of guilt in court, arguing that you refused the test because you knew you were intoxicated.
  • Mandatory Blood Test: If you refuse a breathalyzer test, law enforcement may obtain a warrant to conduct a mandatory blood test, meaning you could still be tested against your will.
  • SR-22 Requirement: You may be required to obtain SR-22 insurance, which is typically more expensive and a requirement for high-risk drivers.
  • Increased Penalties: Penalties for refusing a breathalyzer test can be harsher than those for failing the test, including higher fines and longer jail sentences.

How to Fight a DUI Test Refusal Charge

Defending a DUI test refusal charge necessitates a strategic approach and a deep understanding of Nevada DUI laws. Various defenses can be utilized to contest the charge:

  • Lack of Reasonable Suspicion: Demonstrating that the officer lacked reasonable suspicion to pull you over can invalidate the subsequent arrest and refusal charge.
  • Improper Procedure: Demonstrating that the officer did not follow proper procedure when requesting the breathalyzer test or failed to inform you of the consequences of refusal can be grounds for dismissal.
  • Medical Conditions: Presenting evidence that a medical condition prevented you from taking the breathalyzer test can be a viable defense.
  • Violation of Rights: Claiming that your constitutional rights were violated during the traffic stop or arrest may suppress evidence.
  • Inaccurate Test Results: Highlighting issues with the breathalyzer device or its maintenance can cast doubt on the validity of the refusal charge.
  • Witness Testimony: Using witness testimony to corroborate your events can strengthen your defense.

Contact Our Las Vegas DUI Test Refusal Attorney Today

Dealing with a DUI test refusal charge in Las Vegas can be overwhelming, but having an experienced and knowledgeable attorney by your side can make a substantial difference. At Goodman Law Group, we are committed to providing the aggressive representation needed to protect your rights and achieve the best possible outcome. Contact us today for a consultation, and let us help you effectively fight your DUI test refusal charge.  

Contact Goodman Law Group today to meet with our DUI test refusal lawyer in Las Vegas!

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  • Dismissed (DUI (.128) Reduced to Reckless Driving
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