Implied Consent Law
Implied Consent DUI Lawyer in Las Vegas
If you’ve been pulled over for a DUI, you may think you have the right to refuse a DUI breath test, blood test, or urine sample. However, Nevada’s implied consent law (NRS 484C.160) essentially says that drivers automatically give the police permission to test their BAC levels (under certain conditions) by virtue of driving a car on public roads. Remember, driving is a privilege and not a right.
The state’s implied consent law deems you’ve given your consent to a chemical test in the event you are suspected of a DUI offense. The police officer must have reasonable cause to believe the driver being tested meets specific criteria. Refusing an evidentiary (post-arrest) test can lead to serious consequences.
It can be scary when your DUI chemical test reveals a BAC above .08 percent. However, an experienced DUI lawyer in Las Vegas has a variety of defenses they can use to help you mount a strong defense and potentially receive a dismissal, decreased charges, or lessened penalties.
You don’t have to fight your DUI charge alone. Whether you’ve been arrested in Las Vegas, North Las Vegas, Henderson, Summerlin, Green Valley, Boulder City, Searchlight, Laughlin, Mesquite, Searchlight or Pahrump, we’re here to help.
Contact The Vegas Lawyers or give us a call at (707) 707-7000 for your free initial consultation.
What Test Does The Implied Consent Law Obligate Me To Take?
The implied consent law makes it unlawful to refuse an evidentiary test of your blood, urine, breath, or other bodily substance to determine BAC levels. Therefore, you are obligated by law to take an evidentiary DUI chemical test when requested. In most circumstances, the police will give you the option to take a DUI blood test or a DUI breath test.
However, you have the right to refuse a field sobriety test and preliminary blood test (PBT), which is requested before an arrest is made. An officer may ask you to take either option before formally placing you under arrest.
While there may be some benefit in refusing a field sobriety test, there typically isn’t much in refusing a PBT.
What if I Refuse An Evidentiary Chemical Test?
If you refuse an evidentiary chemical test, you face serious consequences. They can include:
- The use of “reasonable force” to acquire blood samples
- License revocation for 1-3 years depending on previous evidentiary test refusals
- The refusal can be used against you in a trial as evidence of guilt
It’s important to note that the DMV will suspend your license for refusing an evidentiary blood test regardless of the result of your criminal case. This means that even if you aren’t convicted of a DUI offense, your license will still face suspension for violating Nevada’s implied consent laws.
Can I Get My License Back After A Refusal?
You can challenge your license revocation by requesting a DMV hearing within 7-days. To uphold the suspension, the Judge presiding over the hearing will require:
- Reasonable grounds to believe you were under the influence of drugs or alcohol
- Proof of your refusal to take an evidentiary DUI chemical test
- Proof that the arresting officer notified you of your right to request a hearing
A skilled Las Vegas DUI lawyer can attend your hearing with you or on your behalf. It’s important to contact an attorney quickly after your arrest so they can begin working on your case as soon as possible.
Are There Limits On Implied Consent Laws In Las Vegas?
Yes, there are limits to the implied consent law in Nevada. They include:
- If you refuse to take an evidentiary chemical test, the police officer must obtain a warrant that authorizes the use of reasonable force for a blood draw.
- Law enforcement officers must have reasonable grounds to believe the individuals are under the influence before requiring an evidentiary DUI test.
- If the police orders evidentiary chemical testing for a minor (under 18), they must make a reasonable effort to contact the child’s parents to inform them of the test.
- Officers can’t force you to submit to a blood draw if you have certain health concerns like hemophilia or a heart condition requiring anticoagulants.
Implied consent laws are often adjusted and can be subject to changes, so if you’ve refused an evidentiary test, it’s important to seek legal counsel from a trusted Nevada DUI lawyer regarding the most current laws.
Arrested For DUI? Contact The Vegas Lawyers Today
If you’ve been arrested for a DUI, we understand what you’re going through and are here to help. At The Vegas Lawyers, we’ve developed a reputation as one of the best DUI law firms in Nevada because we work tirelessly for our clients.
Our team of seasoned Las Vegas DUI lawyers and paralegals have the insight, skill, and experience to help you receive the least amount of penalties possible under the circumstances.
You don’t have to face DUI charges alone. Contact The Vegas lawyer through this website or give us a call at (702) 707-7000 for your free initial consultation today.