Refused a Breath or Blood Test? Defense against a DUI Refusal in Las Vegas
Being charged with driving under the influence (DUI) can be stressful on its own; however, if you have also been accused of refusing a breath or blood test in Las Vegas, you probably feel as though you are facing quite an uphill battle. Refusing to submit to a chemical test carries additional legal consequences that are above and beyond those that you face if convicted of a DUI. Just as you have a right to defend the DUI charge, however, you may also have a viable Las Vegas DUI refusal defense. To discuss the specific facts and circumstances of your case, contact an experienced Las Vegas DUI refusal defense attorney at The Vegas Lawyers today by calling (725) 217-4768 to schedule your free consultation.
Nevada’s Implied Consent Law
Like most states, Nevada now has an “implied consent” law that states “any person who drives or is in actual physical control of a vehicle on a highway or on premises to which the public has access shall be deemed to have given his or her consent to an evidentiary test of his or her blood, urine, breath…” In short, the law says that by driving a vehicle in Nevada you consent to a breath test. While the Nevada implied consent law does act as your consent to submit to a chemical test, that consent only applies if a law enforcement officer has reasonable grounds to believe that you are operating a vehicle while under the influence of drugs or alcohol.
What Are the Potential Consequences for Refusing a Chemical Test in Nevada?
Despite the existence of an implied consent law, a motorist can refuse to submit to a breath test after being arrested for driving under the influence. If you refuse the breath test, however, a warrant may be requested to conduct a blood draw. If that warrant is granted, the police may forcefully perform a blood draw to check your blood for the presence of drugs or alcohol.
In addition, refusing a chemical test will result in a license suspension, which is in addition to any suspension you receive as part of a sentencing for a DUI conviction. For a first refusal in a seven-year period, your driver’s license will be revoked for one year, while a second refusal within a seven-year period will trigger a three-year revocation. Keep in mind that revocations related to a refusal remain in effect even if you are not convicted of the underlying DUI charge.
Do I Have a Las Vegas DUI Refusal Defense?
If you allegedly refuse a breath test, your driver’s license will be confiscated by the police, and you will be issued a temporary license that is only good for seven days. If you wish to contest the refusal revocation, you must request a hearing with the Office of Administrative Hearings before that seven-day time frame ends. If you notify the Office of Administrative Hearings within the allotted timeframe, you will be allowed to continue driving on your temporary license until a decision is made following your hearing.
While every situation is unique, there are several common defenses that may be applicable in a Las Vegas DUI refusal hearing, including:
- Challenging the Stop: A law enforcement officer must have had a valid, legal reason for conducting the traffic stop that led to your arrest for driving under the influence. If the original stop was illegal, any evidence obtained after that stop may be tainted and, therefore, inadmissible at a hearing or trial.
- You Did Not Refuse: This defense is based on your belief that you did not refuse the test. Maybe there is a language barrier, or you misunderstood the request made by the officer.
- Police Misconduct: There are clear and concise procedures that must be followed by a law enforcement officer when asking a suspect to take a breath test, including a requirement that the suspect be advised of the potential consequences of refusing the test. If the officer failed to follow proper procedure, you may have a viable defense.
- You Were Incapable of Giving Consent: This defense usually applies to situations where the suspect was in a car accident or was otherwise incapable of providing consent, meaning that the suspect did not intentionally refuse to take the test.
Contact A Las Vegas DUI Refusal Defense Attorney at The Vegas Lawyers
If you have been charged with refusing to submit to a chemical test following an arrest for DUI in Las Vegas, time is of the essence. It is crucial to consult with an experienced attorney immediately to protect your right to contest the refusal revocation. Consult with an experienced Las Vegas DUI refusal defense attorney at The Vegas Lawyers as soon as possible to discuss your legal options and defenses. Call us at 702-707-7000 or contact us online.