Refusal of Test

Nevada Implied Consent Laws in DUI Cases

Nevada law treats drivers as if they consented to taking a breath test with the Intoxilyzer 5000EN machine  by simply getting a driver’s license and using it to drive on Nevada roads and highways.

If you are arrested for suspicion of driving under the influence, contact LV Criminal Defense today to begin your defense.

The law is changing in the area of implied consent and refusing to take blood alcohol content tests, and Nicholas Wooldridge will be at the forefront of new developments in this area that can benefit you.

When can a police officer imply your consent to take a breath test in Nevada?

A Las Vegas police officer who believes you are driving under the influence of alcohol, prescription drugs, or marijuana, can require you to take a test which measures your blood levels of alcohol or these drugs.

It is important to know that if the police officer suspects that you are driving under the influence of drugs or marijuana, your consent to a blood test, rather than a breath test, is implied.

What happens if you refuse to take a breath test during a Las Vegas traffic stop?

You lose your license immediately if you refuse to take a breath test. The police officer will provide a temporary paper driving permit that is good for seven days. Your license can be reinstated by participating in an administrative license hearing at the Nevada DMV.

What happens if you refuse to take a blood test if you are suspected of driving under the influence?

Nevada law provides that a police officer can force you to submit to a blood test, but a recent US Supreme Court case calls that into question. Instead, if you refuse a blood test, the police officer may have to get a warrant from a magistrate judge after showing the judge evidence that the blood test is likely to reflect that you have been driving under the influence.

If you refuse a breath or blood test, call LV Criminal Defense as soon as possible to represent you. We can ensure that your rights are not violated during this process.

What if you consent to a breath test, but the amount of breath is not enough to get a reliable test result?

Even if you agree to a breath test, you may be treated as if you refused the test if the breath sample you provide is not strong enough to register a result on the Intoxilyzer 5000EN machine used by the Las Vegas Metropolitan Police Department.

If this happens, your qualified, experienced DUI defense lawyer will request that the court exclude this evidence. Your lawyer can argue that you did not purposely fail to give enough of a breath sample to complete the test. This argument is more complicated than it sounds and should be entrusted to a Las Vegas criminal attorney Nick Wooldridge.