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:
- Driving under the influence of alcohol, or
- 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.