Implied Consent

Some states allow you to decide if you wish to perform a chemical or breath test if you are suspected of driving under the influence. If you choose not to take any testing, you will lose your driving privileges for a predetermined period of time. Nevada does NOT have this option. Nevada has the implied consent law. This means:

  1. That an officer who has reasonable grounds to believe that a person is driving or in actual physical control of a motor vehicle and is under the influence of alcohol and/or drugs can issue a preliminary breath test to determine the presence of drugs and/or alcohol. A preliminary breath test is a test performed at the scene after a person is stopped by authorities. Under Nevada law, if you refuse to submit to a preliminary breath test, the officer  must seize your license and arrest you.
  1. That once you have been arrested, whether or not you have submitted to a preliminary breath test, an office who has reasonable grounds to believe you are under the influence of drugs and/or alcohol  can direct you to submit to either a blood, breath, or urine test to determine the presence of drugs and/or alcohol. This test is usually performed at the jail after arrest. This is called the “implied consent” law because you agree (consent) to taking a test to determine the presence of drugs and/or alcohol simply by driving or being in actual physical control of a motor vehicle on a Nevada highway or any road to which the public has access.

 After you are arrested, the officer should give you a choice between a blood or a breath test to determine the presence of alcohol. If an officer suspects prescription drugs or other controlled substances  are at issue, he will not give you a choice of blood or breath testing because breath testing does not detect the presence of drugs. Further, the officer can direct a blood draw be performed if the suspect is unconscious, the DUI was the result of an accident and the victim is dead or has substantial bodily harm, and/or if there is a prior conviction within the past 7 years.

There are many successful defenses to a DUI which argue that the implied consent law was not applied correctly. If you have a skilled DUI attorney, he may be able to use these laws to your benefit to suppress the results of the blood or breath test. This is a very valuable defense because it means that the prosecution will not be able to argue that you were driving with an alcohol level over the legal limit.
Don’t spend any more sleepless nights. Don’t wait until it is too late. Call now to find out how you can take advantage of the Nevada implied consent law.







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