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LAS Vegas DUI Refusal Lawyer

Navigating the Consequences of DUI Refusal in Nevada: Know Your Rights and Risks

In Nevada, a DUI stop can quickly become a complex legal situation, especially if you refuse to submit to a DUI test – a situation known as DUI refusal in Nevada. Understanding your rights, the immediate impact of your decisions, and the potential legal implications can make all the difference in navigating this challenging landscape. Luckily, our skilled and experienced DUI defense lawyer in Las Vegas is here to fight for your rights. Contact Spartacus Criminal Defense Lawyers now for a consultation.

Key Takeaways

  • Refusing a DUI test in Nevada can lead to immediate confiscation of your driver’s license and potential arrest, with license revocation of 1 to 3 years depending on prior offenses.
  • A DUI test refusal may have significant legal implications, potentially affecting plea deals and resulting in more severe penalties, but it does not, by itself, establish DUI guilt; other evidence can still be used to substantiate impairment.
  • Nevada’s implied consent law obligates drivers to undergo a post-arrest BAC test, and refusal can result in license revocation. Law enforcement may use reasonable force to obtain a blood sample with a warrant following a test refusal.

Understanding DUI Refusal in Nevada: The Basics

In the Silver State, a DUI refusal is defined as the failure to submit to a preliminary breath test (PBT) or evidentiary breath or blood test when requested by law enforcement. At the scene of a traffic stop, there is no legal obligation to undergo a Portable Breath Test (PBT). However, after a DUI arrest, you will be asked to take a blood or breath test.

If you refuse to take a PBT, the police may promptly confiscate your driver’s license and you could also end up being apprehended for DUI. Furthermore, declining an evidentiary breath or blood test after an arrest can result in license revocation and have implications for your legal case.

Upon being arrested and placed in custody for a DUI in Nevada, individuals will have the opportunity to choose between an evidentiary breath test or a blood alcohol test to determine their blood alcohol concentration, unless there is suspicion of controlled substance use, in which case a blood test is mandatory.

The Immediate Impact of Refusing a DUI Test

If you refuse to comply with a breathalyzer test when requested by law enforcement in Nevada, you will face immediate legal repercussions. Upon refusal of a breath test, your license can be immediately confiscated, and you may be arrested by law enforcement.

Such a refusal is seen as refusing a chemical test and could result in severe consequences. It’s a decision that can result in a potential license revocation lasting from 1 to 3 years, depending on prior offenses. This refusal includes both breath and blood alcohol tests.

The confiscation of the license, arrest, and potential revocation are immediate impacts of refusing the DUI test in Nevada, as outlined in NRS 484C.

The Legal Implications of a DUI Test Refusal on Your Case

A refusal of a DUI test could negatively impact plea deals, serve as evidence in court, and possibly lead to more severe penalties. However, it is important to note that a refusal alone is not sufficient to establish DUI guilt after a DUI arrest.

It is within the realm of possibility for prosecutors to establish a DUI or DWI charge using other forms of evidence indicating impairment, such as:

  • officer observations
  • witness testimony
  • field sobriety test results collected at the scene
  • a urine test to determine the presence of drugs or alcohol

For instance, if someone involved in a DUI-related incident refuses a blood test at the hospital but undergoes blood testing during medical care, they could face charges for both DUI refusal and DUI based on their blood alcohol content. This can complicate their DUI refusal case.

Nevada’s Implied Consent Law in Detail

Under Nevada’s implied consent law, drivers are required to undergo a PBT if apprehended for DUI. A refusal could result in license revocation and possible criminal repercussions. Implied consent laws signify that by opting to drive, drivers have inherently agreed to a BAC test as a condition for driving privileges.

Refusing a PBT in Nevada leads to the immediate revocation of the suspect’s driver’s license. However, there is an opportunity for administrative or judicial review only if requested by the alleged offender with a focus on their driver’s license status.

A ‘no-refusal’ DUI enforcement initiative is a program designed to enable police officers to swiftly obtain electronic warrants from on-call judges in order to compel a suspected impaired driver to undergo a breath or blood test. These initiatives aim to enforce implied consent laws by obtaining additional test results that indicate the presence of alcohol in the driver’s system.

The Warrant Process for Chemical Tests

In accordance with the United States Supreme Court decision in McNeely, it is necessary for a police officer, as a law enforcement officer in Nevada, to secure a warrant before procuring a non-consensual blood sample for a DUI test.

Under Nevada law, if a driver refuses a DUI test, law enforcement officials have the authority to use reasonable force to acquire a blood sample after obtaining a warrant.

‘Reasonable force’ is defined as:

  • the minimum amount of physical effort necessary to ensure compliance with the warrant for a blood test
  • safeguarding the safety and rights of the individual
  • enabling the police to carry out the blood draw.

Defending Against DUI Refusal Charges

Hiring a skilled Las Vegas DUI defense attorney is vital when defending against DUI refusal charges, given their ability to advocate for the defendant’s rights and possibly secure a favorable case outcome. It is imperative to promptly seek legal representation following an arrest.

Our Las Vegas DUI attorney possesses the knowledge and skills to contest the charges, with the goal of seeking their dismissal or substantial reduction. Indeed, defense attorneys have the ability to contend that the actions of the suspect did not amount to a genuine refusal, particularly if the evidence is presented during the trial, thereby undermining the prosecution’s insinuation of a consciousness of guilt.

Rights You Have During a DUI Stop

In Nevada, individuals have the legal entitlement to remain silent in accordance with their Miranda rights during a DUI stop. The application of Miranda rights during DUI stops may vary, but it is unequivocal that these rights apply to DUI traffic stop investigations in Nevada.

Generally, in Nevada, it’s recommended to refuse field sobriety tests during a DUI stop. However, it is important to note that refusing evidentiary breath or blood tests can lead to a one-year driver’s license suspension.

Under Nevada law, a law enforcement officer does not have the authority to compel you to undergo a chemical test during a DUI stop unless they have obtained a court order authorizing them to do so.

Consequences for Special Cases: Minors and Medical Conditions

Minors in Nevada are not allowed to refuse DUI chemical tests. It’s important to note that the law takes a strict stance on underage drinking and driving, and refusal to comply with chemical testing can have serious implications for minors.

On the other hand, individuals with certain medical conditions have unique rights when it comes to DUI testing. For example, an individual with a heart condition necessitating the use of an anticoagulant has the right to decline a blood test in Nevada.

The Aftermath: License Revocation and Reinstatement Process

If you wish to reinstate your driver’s license after a DUI refusal suspension in Nevada, you should contact the Nevada DMV for instructions specific to your case. They must then fulfill the specified requirements and pay the reinstatement fee of $120.00.

The process of reinstatement typically requires a period of 1 year, in addition to any revocation time resulting from the initial offense.

The requirements for reinstatement include:

  • Participation in specific programs like DUI Court or alternative sentencing options
  • Installation of an ignition interlock device (IID) if deemed necessary
  • Payment of the reinstatement fees.

How Spartacus Criminal Defense Lawyers Can Assist You

Spartacus Criminal Defense Lawyers showcase considerable expertise in handling DUI refusal cases in Las Vegas, and they also have a proven track record in domestic violence and drug crime charges.

Our strategic approach is thorough and personalized, taking into account the number of offenses, the challenges of refusing a BAC test, and potential felony DUI scenarios. This customized plan is designed to effectively address all aspects of a client’s situation.

Spartacus Criminal Defense Lawyers will assess and implement defense tactics, including:

  • disputing the lawfulness of the stop
  • challenging the legitimacy of a search
  • questioning coerced confessions
  • examining identification techniques
  • utilizing intricate DUI defenses

All with the objective of lessening, minimizing, or dismissing the charges.

Las Vegas Criminal Defense ATTORNEY

Frequently Asked Questions

What happens if you refuse a breathalyzer in Nevada?

Refusing a breathalyzer in Nevada can lead to the revocation of your driving privileges, but you have the option to request an administrative review before an administrative law judge at the Nevada Department of Motor Vehicles.

What are the new DUI laws in Nevada?

If you’re arrested for driving with a BAC of .08 (or .02 if under 21) in Nevada, you’ll have to install an interlock device for 90 days, and if convicted, this could be extended to another six months.

Can I defend against DUI refusal charges?

Yes, you can defend against DUI refusal charges by hiring a DUI defense attorney who can advocate for your rights and potentially secure a favorable outcome in your case.

How can I reinstate my driver’s license after a DUI refusal suspension?

You should contact the Nevada DMV for instructions on reinstating your driver’s license after a DUI refusal suspension. Ensure you fulfill the specified requirements, which may involve participation in programs and payment of reinstatement fees.

Contact Our Las Vegas Criminal Defense Law Firm Today

Refusing a DUI test in Nevada is a significant decision with serious legal implications. Understanding your rights, the repercussions of your decisions, and the potential legal consequences can help you navigate this complex process. Whether you’re dealing with license revocation, challenging DUI refusal charges, or looking to reinstate your driving privileges, having the support and guidance of a competent DUI attorney can make all the difference. Contact Spartacus Criminal Defense Lawyers today for a consultation and to learn more about how we can help.

Last Modified: February 15, 2024
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