Breath Tests and DUI
Most people should choose the Breathalyzer over a blood test because there are more ways to challenge the Intoxilyzer 8000. Nevada’s implied consent statute, NRS 484C.160(1) provides that through the act of driving a vehicle, the person “shall be deemed to have given his or her consent to an evidentiary test of his or her blood, urine, breath or other bodily substance to determine the concentration of alcohol in his or her blood or breath” if there is reasonable grounds to believe that the person was driving while intoxicated.
Generally, you may refuse to submit to a blood test under NRS 484C.160(4)(a) if means are reasonably available to perform a breath test. There are certain stituations where you do not have the choice of a Breathalyzer such as where it is the second DUI charge, drugs are suspected or an accident occured.
An arrest for driving under the influence by an arresting officer will usually require that you submit to a DUI breath test on an Intoxilyzer 8000EN machine that can be found at the Clark County Detention Center, City of Las Vegas Detention Center, Henderson Detention Center or any other jail facility. However, the simple fact is, breathalyzers are likely to give incorrect results.