If you are pulled over and suspected of driving under the influence, Nevada has laws which control the testing used to determine if you are under the influence of alcohol, drugs, prescription drugs or marijuana. The standard tests used include blood testing, breath tests and urine tests. The results of these tests can prove if you are intoxicated and to what extent you are intoxicated. There is a misconception that you can’t be convicted of a DUI without the results of a blood, breath or urine test, and therefore you should refuse the testing. Nevada statute 484C.160 states that “any person who drives or is in actual 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 or other bodily substance to determine the concentration of alcohol in his or her blood or breath…”
Before 2013, the police were able to force a blood draw under Nevada’s implied consent laws. In Missouri v. McNeely, 569 US 141 (2013), the United States Supreme Court addressed states implied consent laws head-on and ruled that the police can no longer force driving under the influence suspects to give a blood sample, unless they have a search warrant.
Most recently, however, In Mitchell v. Wisconsin, 139 S.Ct 2525 (2019), the United States Supreme Court, ruled that police may, without a warrant, order blood drawn from an unconscious person suspected of driving under the influence of alcohol. The Supreme Court did state they were addressing a narrow category of cases, however, one can not deny that the ruling in Mitchell allows for an easier time justifying warrantless blood draws of intoxicated drivers by law enforcement.
If you choose not to take a breath, blood, or urine test you could have your driver’s license revoked for one year. And your refusal may be seen as evidence of guilt at your DUI hearing. By law, Nevada drivers are required to submit to a PBT (preliminary breath test) when an officer suspects them of DUI. It’s important to note that refusing to take the PBT has consequences as well, such as:
- DUI Arrest
- Confiscation of driver’s license
- The refusal may be used as evidence against the driver
However, while it is the law to consent to the PBT, the police cannot force you to take the test. If you’ve made the decision to forgo a preliminary blood test, speak with a DUI lawyer in Clark County as soon as possible.
In a DUI case that results in the wrongful death
of another person, the offender will be charged with a Category B felony spending 2-20 years in prison (away from violent offenders). Other penalties of a fatal DUI accident include facing fines ranging from $2,000-$5,000, are required to attend a Victim Impact Panel, and must have a breath interlock system installed in their vehicle at their own expense for at least 1 year upon release. An alcohol/drug dependency evaluation will also be performed at this time. Find out more about DUI accidents and if you can go to jail for a car accident here
Las Vegas sees 42.5 million visitors a year. And with the 24-hour party atmosphere, ease of purchasing alcohol, and an abundance of traffic, it’s no wonder that out-of-state DUI arrests are very common. Visitors often misunderstand the law. They assume the laws are more lenient in Las Vegas than in their home state. For example, it is legal to carry an open beverage in designated areas, like the Strip. But, it is not legal to drive with one. Public intoxication is not a crime, however, if the police determine that a person is intentionally being loud, acting aggressively, or initiating fights, they can be arrested for disturbing the peace or disorderly conduct.
If you have been arrested for a DUI on a recent trip to Las Vegas, you’ll need an experienced Las Vegas DUI lawyer to represent you. Spartacus Law Firm can handle all aspects of your case on your behalf. This means you won’t be required to attend court dates or produce the required documentation yourself. You can go back home knowing you’re in good hands.
If you are convicted of a DUI offense in Las Vegas, the DMV will report the offense back to the proper government agency in your state. Each state handles the offense differently, but some actions you could experience:
- State will take action if the Nevada DMV suspends your license
- State will only take action if you are criminally convicted
- DMV Penalties will be as if you were convicted in your home state
- Penalties if your home state has the same or similar DUI statutes as Nevada