Understanding Nevada’s Implied Consent Statute is important if you’ve been charged with DUI. Under the Nevada Revised Statute Section 484C.160, any person arrested for DUI has already “implied” their consent being tested to an evidentiary chemical test of their urine, breath and blood to measure the concentration of alcohol and other controlled or illegal substance.
Implied Consent Law
In Nevada, a person charged with DUI does not have the right to refuse this preliminary test. Refusing to submit to this evidentiary test allows law officers to use “reasonable force” which includes physically constraining the driver in order to administer a forced blood draw. The consequence to refusal may cause the driver’s license to be suspended for 1 to 3 years. If the case goes to trial, refusal to the preliminary test might construe as an admission of guilt.
How Blood Tests are Conducted
If arrested for a DUI charge, you will be taken to jail or to a booking area where the test will be administered. This is done by a licensed phlebotomist. The Las Vegas DUI law requires the phlebotomist to draw at least two vials of blood. The authorities will take the blood to a local crime lab unit to test and analyse the blood for alcohol and substance content four times. If all four results are within 5% of each, the lowest result would be reported to the police.
Blood Test on Unconscious Drive
If the law officer determines that the unconscious driver is under the influence, the law officer shall direct that samples of the blood be taken from the driver inside the vehicle. The blood will be then transferred to the local crime lab unit for analysis.
If you have been arrested for DUI and suffer any heart conditions and haemophilia that that require anticoagulants, the law officer cannot force you to take evidentiary blood test. However, a urine and/or breath test will then be conducted.
Independent Blood Test
Las Vegas allows independent blood testing. Ask the law officers who conducted your blood test to have it tested independently by a chemical tester of your choice. It is necessary that you or your criminal defense attorney to request an independent blood test since there is a possibility that the result reported by the law officers are inaccurate or unreliable.
Limitation on Forced Blood Draws
The law dictates that no more than three blood samples during a five-hour period after the initial test may be taken from the person charged of DUI. The law enforcer is not required to provide options of test to determine the presence of controlled substance or alcohol in the blood.
Facing a DUI charge doesn’t mean you have to be alone. Contact Atty. Ross Goodman today at (702) 383 – 5088 or 520 South 4th Street Las Vegas, NV 89101.
Visit this page to learn more about Implied Consent Law of Las Vegas:
Attorney Ross Goodman Esq.
520 S 4th St,
Las Vegas, NV 89101
Phone: (702) 383 – 5088
Fax: (702) 385 – 5088