Nevada’s Implied Consent Law
Nevada, like many other states, requires people to take a blood, breath, or urine test to establish blood alcohol content (BAC) if you are suspected of driving under the influence of alcohol or drugs (DUI). Nevada’s law explicitly states that any person who “drives or is in actual physical 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 a preliminary test.”
According to this law, by mere virtue of driving on a public road or in a publically accessible area, you give police officers your implied consent any time they pull you over and ask you to submit to a BAC test. However, according to the same set of laws, the test must be taken within two hours from when you were last driving.
In addition, you can be arrested for a DUI even if you weren’t driving. If a police officer catches you in the driver’s seat with the car idling but parked, this is enough for him or her to arrest you and ask you to take a chemical test. The law also says that you consent to take a preliminary breath test, even if you haven’t been arrested.
If you refuse, there will be punishments for doing so. Because of the implied consent law, an officer is allowed to use reasonable force to obtain the necessary samples. Likewise, a refusal will lead to the state automatically revoking your driver’s license for 90 days if your BAC is .08% or higher.
There are some cases where you are protected from the implied consent law. For example, people who use anticoagulants for heart conditions or who have hemophilia may not give blood without endangering themselves. In this case, they may not be forced to give blood. You can also request a breath test be used rather than a blood test if a breathalyzer is readily available.
If your license has been revoked for refusing to consent to a blood or breath test, or you are facing a DUI charge, give our experienced Reno DUI lawyers a call. DUI penalties can be particularly harsh, especially if you have had previous DUI convictions previously. Let us take a look at the circumstances of your case and give you knowledgeable legal advice about your best course of action.
Call us at (775) 574-4774 or fill out our online form to schedule a free case consultation today!