What you can and can’t do at a DUI stop in Nevada

Getting a DUI in Nevada can really cost you. New DUI laws have increased the penalties and even a first offense DUI carries a mandatory jail sentence of 2 days up to a maximum of 6 months, along with a fine of $400 to $1,000. Additionally, if convicted, there are also mandatory 8 hours of DUI classes, a victim impact class, and your license is suspended for six months.

Of course, ideally, you wouldn’t get a DUI at all, but if you are stopped, you need to know what you can and can’t do. Here’s what you need to know.

Do you have to show your ID at a DUI stop?

If you are stopped for any traffic violation, including DUI, you are required to show your ID as well as your registration and proof of insurance. If you don’t have your ID on you, you do have to identify yourself under Nevada’s stop and identify laws.

NRS 171.123 gives law enforcement the right to detain any person they have reason to believe is committing, has committed, or is about to commit a crime. It also says that the person who is detained must identify themselves.

Do you have to answer any questions that the officer asks if you are stopped for a DUI?

NRS 171.123 also gives a detained person the right to invoke their 5^th amendment right and refuse to answer any questions asked by law enforcement other than identification. This means that if you are stopped and the officer asks if you have been drinking, where you were coming from, or if you have any alcohol in the vehicle, you do not have to answer. Instead, you can politely inform him or her that you are invoking your 5^th Amendment rights and respectfully decline to answer.

If you have been drinking, this is the best course of action. As soon as you are able, call your attorney.

Do you have to roll down your window at a DUI stop?

You do have to roll down your window to talk to the officer and pass him or her your identification, registration, and insurance card. So, yes, you do have to roll down your window. You should also turn off the radio or any device so that you can communicate with the officer clearly. If it is dark, turn on your interior lights so the officer can clearly see you and what you are doing.

Can you video or record your DUI stop?

Nevada law does allow you to record police doing their job in a private setting as long as you get their consent. When the police are in a public place doing their job, you generally do not have to get consent – but you do have to stay out of their way.

Do you have to get out of the car at a DUI stop?

It is not a violation of your constitutional rights to be asked to exit your vehicle at a DUI stop. You do not have the right to refuse.

Do you have to consent to a search of your vehicle if stopped for a DUI?

If the officer asks to search your vehicle, you have the right to respectfully refuse. If the police believe they have reasonable cause to search your vehicle, they do not need your consent. Whatever happens, do not resist and do not argue. Remain calm and respectful.

Do you have to stop at a DUI checkpoint in Nevada?

You do have to stop at a DUI checkpoint but you can turn around before you get there. If you approach the checkpoint, you cannot drive through it. You must stop and follow the officer’s instructions. Treat it as any other traffic stop, show your identification, invoke your 5^th Amendment right to remain silent, and respectfully decline a search of your vehicle.

Do you have to submit to the breathalyzer or field’s sobriety test at a DUI stop?

Legally, you can decline to take the field sobriety test or any test that would incriminate you. The officer may ask you to do it, but you don’t have to. However, you should be aware that the consequences of refusing to take the test can be pretty bad.

The officer could decide that your refusal is an inference of guilt and arrest you for DUI due to probable cause. At that point, you will be required to take the blood test or breathalyzer test.