DUI Implied Consent Laws in Nevada: The Consequences of Refusing a Breath, Urine or Blood Test
Nevada DUI laws require you to take a urine, breath or blood test if you get arrested for DUI. The implied consent laws reveal that if you are arrested by a police officer with a probable cause to be sure that you were driving under the influence of controlled substances, then you automatically consent to take the necessary tests. The blood, urine or breath test should be performed within 2 hours from the time you were last in control of a vehicle.
Sometimes, you can be arrested for DUI even when you are not driving. If, for instance, you are in physical control of a vehicle while intoxicated, that’s enough reason for a police officer to arrest you and request you to take a test. Being in physical control of a car means you are inside the vehicle and you can make it move.
In Nevada, according to the Las Vegas Defense Group, courts look at different factors to determine whether or not a driver had actual physical control of the vehicle. Some of the factors they consider include the location of the car keys, if the vehicle engine is running, and if the accused was asleep when the police officer found him or her.
Besides, the implied consent laws in Nevada indicate that any driver consents to undergo a preliminary breath test even when you haven’t been arrested. In fact, this works like the sobriety test. The police officer can use the preliminary breath test results to establish a probable cause to put you under arrest for driving while intoxicated or under the influence of illegal substances. In case you refuse to take the required tests, the police officer will simply take your license, put you under arrest, and take you to hospital, police station, or any other appropriate place for chemical tests.
Note that there are limits on the kind of tests any police officer can ask you to take. Drivers who take anticoagulants for heart-related health issues or those who have hemophilia shouldn’t take blood tests. You can also refuse a blood test if a breath test can offer the desired results. A driver can request a blood test, and the police officer must honor the request. However, if the police officer had requested a simple breath test and you end up being convicted of a DUI, you will have to pay for the blood test.
The state will immediately revoke your driving license for 90 days in case your blood tests results indicate a BAC of .08 percent or more. While there is no extra penalty for refusing a chemical test, the police officer will use an acceptable force to subject you to the desired test and your refusal to take the test will be used against you in court.
It’s not wise to refuse a chemical test in Nevada if you have been arrested for DUI. Also, it’s recommended to contact a reliable lawyer for legal counsel whenever you are charged with DUI.