Although we all know about the dangers of drinking and driving, it can be easy to get carried away in a city like Las Vegas where the casinos never close and the party never stops. If you are operating a motor vehicle and ultimately arrested for driving under the influence (DUI), you will be asked to submit to a chemical breath test when you reach the jail or police station. If you refuse that test or are unable to complete the test because you are incapacitated, a blood test may be used. The Vegas Lawyers discuss DUI blood testing and when you might be able to challenge the blood test results. If you have specific questions, contact us today by calling (725) 217-4768 to schedule your free consultation.

DUI in Nevada

Nevada law makes it illegal to operate a motor vehicle on a public roadway if any of the following are true:

• You are under the influence of intoxicating liquor.
• You have a concentration of alcohol of 0.08 or more in your blood or breath.
• You are found by measurement within 2 hours after driving or being in actual physical control of a vehicle to have a concentration of alcohol of 0.08 or more in his or her blood or breath.
• You are under the influence of a controlled substance, chemical, poison or organic solvent.
• You are under the combined influence of intoxicating liquor and a controlled substance.
• You have an unlawful blood level of certain drugs (as defined in the statute).

If a police officer conducts a traffic stop that results in probable cause to arrest you for DUI, the Nevada implies consent law applies. In simple terms, the implied consent law states that if you drive a vehicle on a public roadway in Nevada, you have given your consent to submit to a chemical test (blood, urine, or breath) to check for the presence of alcohol or other substances in your system.

Chemical Test Basics

Science recognizes three primary methods for identifying alcohol in the body, including breath, blood, and urinalysis. Urine testing once served as the primary testing tool, but advances in technology have shown that blood and breath tests produce more dependable results. For that reason, urine testing is now seldom used. Blood analysis remains the most precise method for measuring alcohol concentration and can also identify the presence of drugs. It is considerably more intrusive, however, which is why officers typically need a warrant before drawing a sample. Courts have determined that breath testing does not carry the same level of intrusion and may be administered without a warrant. Consequently, a chemical breath test is typically the first testing choice in a DUI arrest in Nevada. There are, however, situations in which a blood test is used.

When Is a Blood Test Used in a Nevada DUI Arrest?

Given the intrusive nature of a blood test, Nevada law only allows a law enforcement officer to pursue a blood draw in a DUI investigation under specific circumstances. For example, if a driver declines other chemical testing, a blood test may be pursued, but the officer must secure a warrant before taking a sample. Once a judge authorizes the warrant, however, the sample can be taken without the driver’s consent or agreement. A law enforcement officer is even allowed to use physical restraint to ensure the process is carried out safely and effectively. Nevada law does place limits on this authority by allowing no more than three blood samples within the five-hour period that follows the arrest.

Challenging Blood Test Results in Nevada

Although a blood test is universally viewed as the most accurate way to detect alcohol or drugs in a driver’s system, the accuracy of the results can be challenged for a number of reasons, including:

• Collection Process Errors: Nevada law requires that the blood draw be performed by a qualified individual using approved medical procedures. Errors made during the collection process can skew the results. For example, if the technician uses an alcohol-based swab to clean the skin, the swab can contaminate the sample and elevate the alcohol reading. Improper sterilization of equipment or the use of expired collection tubes can also jeopardize the integrity of the blood.
• Natural Fermentation: The tube used to collect blood must contain specific preservatives and anticoagulants that prevent fermentation and clotting. If the chemical balance is not correct, the blood can ferment, producing alcohol inside the tube even when the individual had no alcohol in their bloodstream.
• Chain of Custody Issues: Chain of custody refers to the path the blood sample follows from the moment of collection until analysis, which must be carefully and accurately documented. Failing to properly document the chain of custody for a sample can lead to the sample being inadmissible at trial.
• Storage conditions: Failing to store a blood sample at a consistent refrigerated temperature can cause the chemical composition of the blood to change, which can lead to falsely elevated alcohol levels or degraded drug metabolites.
• Testing Errors: Gas chromatography is usually used to test for alcohol or drugs in a blood sample. These machines require calibration, regular maintenance, and careful operation by a lab technician. Both human error and machine malfunction can result in an inaccurate test result.
• Drug Testing Issues: Unlike alcohol, drugs do not have a direct relationship between concentration in the blood and impairment. In addition, some substances remain detectable long after their effects have worn off. For a blood test result to be relevant to the issue of impairment, the result must distinguish between active compounds that cause impairment and inactive metabolites that merely show past use.

What Should I Do If I Was Arrested for DUI in Las Vegas?

If you were arrested and charged with DUI in Las Vegas, consult with a criminal defense attorney at The Vegas Lawyers as soon as possible to discuss your next steps. Call us at 702-707-7000 or contact us online.

• Category: DUI Blood Testing, LEGAL BLOG