What Happens After Refusal of Breathalyzer in Traffic Stop?
During a traffic stop in Las Vegas, if a law enforcement officer finds that there is probable cause to believe that you were driving under the influence (DUI), you will be arrested and charged with DUI. Once you reach the jail or police station, you will be asked to perform a chemical breath test to test for the presence of alcohol in your blood. You can refuse to perform the test; however, there are some important consequences of refusing that you should consider before doing so.
What Is a Breath Test?
Alcohol can be detected in the human body using a urine, blood, or breath test. Because both blood and breath tests are more accurate than urine tests, urine tests are rarely used. A blood test provides the most accurate results and has the added benefit of being able to detect the presence of controlled substances in your blood; however, a blood test is also far more invasive than a breath test. Consequently, courts typically require a warrant to perform a blood test while no warrant is required for a breath test. A chemical breath test (commonly referred to as a “breathalyzer”) is performed by requiring you to blow into a tube to provide a sample of your breath. That breath is then analyzed for the presence of alcohol and if alcohol is detected, a Blood Alcohol Concentration (BAC) number will be provided, indicating the percentage of alcohol in your blood. In Nevada, a BAC result of over 0.08 percent is considered above the legal limit and can be used as evidence that you were driving under the influence.
Understanding the Nevada Implied Consent Law
Like most states, the State of Nevada has an implied consent law that applies to anyone who operates a motor vehicle on a public roadway within the state. The implied consent law states that a motorist gives his/her consent to an “evidentiary test of his or her blood, urine, breath” to check for the presence of alcohol if a law enforcement officer has reasonable grounds to believe that the motorist was driving while under the influence. In short, the law states that you consented to a breath test the moment you got behind the wheel.
Refusal of Breathalyzer Consequences
Despite Nevada’s implied consent law, you can refuse to perform a breath test during an arrest. Before doing so, however, you should understand the likely consequences, including:
· The Police May Get a Warrant for a Forced Blood Draw: If you refuse a breath test, the police may obtain a warrant allowing them to forcefully perform a blood draw to test your blood for alcohol.
· Your License Will Be Revoked: Your driving privileges will be revoked if you refuse a breath test. If you do not have a previous refusal within the last seven years, your revocation will be for one year. If you have a previous refusal, your license will be revoked for three years. Furthermore, the license revocation will remain in effect even if the underlying DUI charges are dropped.
· A Refusal Can Be Used as Evidence of Guilt: Your refusal to perform a chemical breath test can be used against you as evidence of your guilt if your DUI case goes to trial.
What Should I Do If I Was Charged with DUI in Las Vegas?
If you have been charged with DUI in Las Vegas, consult with the experienced Las Vegas DUI defense attorneys at The Vegas Lawyers as soon as possible to discuss your next steps. Call us at 702-707-3000 or contact us online.