In Nevada, any licensed motor vehicle driver has the right to refuse to submit to a breath or blood test to determine the alcoholic content in his or her breath or blood. However, a refusal to submit to these tests or other relevant tests requested by a law enforcement officer can have collateral consequences. If you are facing DUI allegations, it’s advisable to consult with an experienced Las Vegas DUI attorney to help you understand your legal options.
The Nevada DUI law states that if you drive a motor vehicle upon the highways and streets or elsewhere throughout the state, you shall be required to take the recommended tests to determine the alcoholic content in your breath or blood. The law requires you to cooperate in the process of taking and completing the test process as requested and directed by a relevant law enforcement officer.
Indeed, the implied consent law states that if a driver has been lawfully arrested by a law enforcement officer with a probable cause to believe that the driver has been driving or in charge of a vehicle under the influence, then, that individual consents to taking a relevant chemical test of urine, blood, or breath. These tests aid in the determination of your BAC (blood alcohol content). According to the law, this test should be taken within 2 hours from the time you were last in charge of a vehicle or driving.
Additionally, you could even be arrested and perhaps face DUI charges even when you are not driving. For instance, if you are in physical control of a motor vehicle while under the influence of regulated substances, that’s enough reason for a law enforcement officer to arrest and request you to submit in a chemical test. Being in physical control of a vehicle means that you can make it move.
However, Nevada courts look at various factors to determine whether or not the accused was in physical control of the vehicle. For instance, the court will try to establish the location of the vehicle keys, if the accused was asleep when the law enforcement officer found him or her, if the vehicle engine was running, among other factors.
The law indicates that you consent to take a relevant preliminary breath test even if the officer has not arrested you yet. The law enforcement officer will use these results to establish a probable cause that you might have been driving under the influence of a regulated substance. If you don’t submit to the test, the officer will arrest you, take your driving license, and take to a hospital, police station, or any other relevant place for a chemical test of your urine, blood, or breath.
Don’t refuse to take a DUI test
In Nevada, it will not help to refuse to submit to urine, blood, or breath test if you have been arrested for DUI. This is because the law allows officers to use a reasonable force to make you submit to a relevant chemical test.