DUI tests Refusal Law Explained – DUI Defense Lawyer Ross Goodman
DUI Tests Refusal
Mandatory Chemical Tests
The Nevada DUI law states that a driver gave “implied consent” to submit to chemical tests once they are arrested for drunk driving.
Preliminary Breath Test (PBT)
A law enforcer pulled over a driver and asked to take a preliminary breath test (PBT). Once determined that the driver is intoxicated, he will be arrested for drunk driving and get a 90-day suspension on their driver’s license.
Evidentiary Breath Test
Once the law enforcer arrests the driver for driving under the influence, they are required to submit evidentiary chemical tests such as breath, blood, or urine. Refusal to submit to appropriate chemical tests have consequences such as suspension of driver’s license. The length of suspension depends on the driver’s DWI history:
- 1 year suspension – the driver have not refused to a chemical test in the last 7 years.
- 3 year suspension – the driver refused chemical tests within 7 years and had their driver’s license suspended because of it.
The law states that refusing to submit or complete one of the evidentiary tests, the authorities are allowed to use “reasonable force” to administer blood test. If the case goes to trial, the prosecution may present the test refusal as evidence which a judge or jury may construe as guilty beyond reasonable doubt.
Under the Influence of Alcohol
If the law enforcer thought that the driver is intoxicated from alcohol and not illegal substance, the driver can choose to submit eitherblood or breath test. The following are instances when the police officer asks for a blood test rather than breath test:
- The incident caused serious injury or death to another person;
- Multiple drunk driving convictions within the last 7 years;
- The driver has been convicted within 7 years for the similar offense that caused serious injury or death of another person.
Under the Influence of Drugs (Controlled or Illegal substance)
When a officer believes that the driver is under the influence of drugs, he is required to take breath, blood, and urine tests. Refusal to take one evidentiary test may be admitted at trial and could be used against you.
Chemical Tests Under 18
Drivers under 18 are subjected to the same penalties for chemical test refusals. The law enforcers, however, must make a reasonable attempt to notify the driver’s parents, guardians, or custodians before performing any tests.
On most cases, chemical tests refusal laws in Nevada may exempt drivers from taking a blood test if they have hemophilia or heart conditions that require them to use anticoagulant. However, the drivers are still required to submit breath or urine tests.
DUI Lawyer in Las Vegas
If you have been arrested for DUI tests refusal in Las Vegas, get help from a skillful DWI attorney. Conviction for impaired driving have serious consequences – especially if the incident involves injury to people, or it is your second DUI. Reduce or avoid your DUI penalties with the help of a skilled DUI lawyer Las Vegas with expert knowledge on Nevada’s laws and about how the system works in Clark County’s court.