Blood & Breath Tests in Las Vegas

Former Clark County Prosecutors

If you were recently arrested for DUI in Las Vegas, Henderson, or anywhere else in Clark County, you may be curious to know about your rights as they pertain to blood and breath tests, and you can turn to the Brown Law Offices for answers and dedicated legal advocacy.

Our Las Vegas criminal defense lawyers are former Chief Deputy District Attorneys for Clark County. We are available to provide caliber defense, and we are A+ Rated by the Better Business Bureau.

Why Brown Law Offices should be your first call:

  • We offer free initial consultations
  • Successfully handled many high-profile cases
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Nevada's Implied Consent Laws

Under Nevada's implied consent law, NRS 484C.150, any person who drives, or is "in actual physical control" of a vehicle on a public roadway is deemed to have given their consent to a preliminary breath test for the purpose of determining the alcohol concentration in their breath.

A preliminary breath test is administered at the scene and under the direction of the officer who stopped the vehicle, and who has reasonable suspicion that the suspect was intoxicated, and:

  1. Driving under the influence of alcohol, or
  2. Under actual physical control of the vehicle.

If the preliminary test establishes that the suspect was driving under the influence or controlling the vehicle while under the influence, the driver's license will be confiscated, the driver will be arrested, and taken down to the station for a chemical test of their blood, breath, or urine.

Refusing to Submit to a Chemical Test

If a driver refuses to submit to the test, the police officer will confiscate the suspect's driver's license or permit, and take them to a convenient place to administer a chemical test under NRS 484C.160.

If you refuse to submit to any chemical test, the officer can use reasonable force to make sure that you do. For suspects who are taking anticoagulants for a heart condition, or who have hemophilia, they do not have to take a blood test.

If test results reveal that you had a blood alcohol concentration (BAC) of .08% or greater, the state will automatically revoke your license for 90 days. While there is no specific penalty for refusing to take a test because an officer can force you, any such refusal will be used against you in court.

Arrested? Act now by contact us for help!

If you have been arrested for DUI, act fast by reaching out to our firm for help! As former prosecutors, our DUI defense lawyers know how to successfully challenge DUI charges!

Call (702) 425-5183 to request a free case evaluation.