Dealing with a DUI arrest in Nevada can be overwhelming, and you might think refusing a chemical test could help your case. However, in Nevada, the decision to refuse a blood or breath test after a DUI arrest can have serious consequences. Nevada Revised Statutes (NRS 484C.240) outlines the state’s stance on chemical test refusals following a DUI arrest, making it clear that your implied consent is assumed under the law. The statute emphasizes the serious view Nevada takes on DUI offenses and aims to deter drivers from even considering refusal as an option.
Can You Legally Refuse a DUI Test in Nevada?
In the state of Nevada, when you’re behind the wheel, it’s assumed that you’ve automatically consented to undergo blood or breath tests if an officer suspects you’ve been drinking and driving. This presumption is known as “implied consent.” Specifically, driving under the influence of drugs necessitates a blood test, as standard breath analyzers, including the Intoxilyzer 8000 model, are not designed to detect substances other than alcohol.
It’s mandatory for officers to make it clear that your driving privileges are at stake should you refuse the evidentiary breath or blood test. Should you decide to decline the test, law enforcement is authorized to obtain a warrant to forcibly collect a blood sample.
It’s important to note that there is an option for you to arrange for an independent breath or blood test, conducted by a professional of your choice, in addition to the test administered by the police.
Refusing an evidentiary test isn’t without dire consequences. Let’s break down what that choice entails:
- Warrant for Blood Draw: Persisting in refusal can compel officers to secure a warrant for a blood sample, by force if necessary.
- “Implied Consent” Acknowledgement: Nevada drivers are presumed to have agreed to DUI testing by the mere act of driving.
- Alternative Testing Options: You retain the right to have an alternative test performed by an independently chosen and qualified individual.
- Obligatory Test Compliance: If suspected of DUI, a refusal to take a breath or blood test can result in immediate legal action.
- License Revocation Warning: Law enforcement will warn that a test refusal will lead to the revocation of your driving license.
What If You Can’t Provide a Breath Sample for a Nevada EBT?
In Nevada, if you’re unable to provide a sufficient sample during an evidentiary breath test (EBT), you will be requested to undergo a blood test. Not complying with the blood test requirement is deemed a “refusal” under Nevada law.
Does Being Underage or Having a Medical Condition Affect DUI Testing in Nevada?
In Nevada, being under the legal drinking age does not grant immunity from DUI chemical testing. If an underage individual is arrested on suspicion of DUI, they are still legally obliged to submit to a breath or blood test. For more detailed information, it is advisable to look into the specific laws regarding DUI for minors.
Medical Conditions and Chemical Test Exemptions
Individuals with certain medical conditions are given special considerations. Those with hemophilia or those with heart conditions who use anticoagulants are not required to undergo blood tests. Nevertheless, these individuals must still participate in a breathalyzer examination.
The Implications for Individuals with Asthma
The law permits the administration of breath tests to persons with asthma. If you have asthma and a breath test is conducted, ATAC LAW may attempt to challenge the validity of the result by arguing that your medical condition prevented you from providing a proper sample. It’s important to understand how particular health issues could potentially lead to inaccurate breathalyzer results.
Posthumous Testing in Fatal Accidents
It’s worth noting that in the unfortunate event of a fatal car crash, the blood of deceased individuals will be drawn for testing by a coroner within eight hours of the incident. This procedure is a standard part of the post-accident protocol.
What Happens If You Refuse a Preliminary Breath Test in Nevada?
If pulled over by a Nevada police officer, you might be requested to take a preliminary breath test (PBT). This test primarily assesses whether your blood alcohol content (BAC) is above the legal limit of 0.08%, which would indicate potential intoxication. Refusing to take the PBT is not an option without consequences. Such a refusal results in the immediate suspension of your driver’s license and an automatic arrest on DUI charges. Furthermore, during your DUI trial and the accompanying DMV hearing, your refusal can be used as evidence against you.
Can You Challenge a DUI Test Refusal Charge in Nevada?
After a DUI arrest in Nevada, it’s not unusual to face claims of refusing a chemical test. However, with the right approach, such claims can often be contested. Here are potential defenses that could be effective:
- Expressing Willingness for an Evidentiary Breath Test
This approach is viable provided there were no suspicions of drug use and a functional breathalyzer was present. Showing your willingness to comply with the EBT can be a powerful defense. - Inability to Refuse Due to Physical Incapacity
If you were unconscious due to an accident or medically sedated, and thus unable to refuse the test, this could negate the claim of refusal. It’s important to note, this defense isn’t applicable if you’re conscious but intoxicated. - Highlighting Police Misconduct
Several scenarios of officer misconduct can be leveraged, such as failing to notify you about the license revocation upon refusal or misinterpreting your actions as refusal. If you weren’t offered a choice between tests when applicable, this might also support your defense. - Utilizing Defenses in Hearings and Court
These arguments can be instrumental both in DMV hearings, aiming to retain your driving privileges, and in criminal court, to potentially suppress evidence of your supposed refusal.
Important: Silence or uncertain statements often don’t suffice as a defense, as courts may interpret them as noncompliance.
Can I Speak to a Lawyer Before Taking a DUI Test in Nevada?
In Nevada, when faced with a DUI test, including preliminary breath tests or evidentiary breath or blood tests, you’re not entitled to consult a DUI attorney beforehand. This lack of access to legal counsel prior to testing is a critical aspect of the DUI process to recognize.
Given this restriction, it’s essential to know that your right to remain silent still stands. This right is a key tool in safeguarding your interests during the DUI testing phase.
When facing the complexities of DUI charges without immediate legal advice, it’s vital to understand the importance of your rights. For comprehensive support and guidance through the legal process that follows, ATAC LAW specializes in DUI defense strategies.
For further legal assistance and to discuss your case with an expert, don’t hesitate to contact ATAC LAW.
