Can You Refuse to Take a Breathalyzer Alcohol Test in the State of Nevada Without Penalty?

Especially true if a person is operating a vehicle, underage drinking is taken very seriously in the state of Nevada. Regardless of whether it impairs their driving, it is illegal for anyone under the age of 21 to have a blood alcohol level (BAC) of .02 or higher in accordance of the law. In the event your kid is stopped for a DUI and they decide to avoid trouble and refuse to take the chemical test that is required to determine a person’s BAC, the consequences they face can have a severe negative impact on their lives. With this in mind, we at Kajioka & Associates, Attorneys at Law would like to help people understand the consequences when they refuse a DUI chemical testing in Nevada.

Implied Consent DUI

Driving on Nevada’s public roads indicates that your child has consented to let police take a BAC test if they are suspected of driving under the influence. Should they withdraw consent for BAC testing after a lawful arrest, the implied consent law allows the Department of Motor Vehicle to revoke your child’s driver’s license in Nevada.

Refuse to Take a Breathalyzer Test

Generally speaking, you can expect for police to take the following actions listed below if a driver refuses BAC testing.
1) The individual is placed under arrest.
2) Have both the vehicle and license seized.
3) Child or individual, will be transported to BAC testing location.
Law enforcement can apply for a warrant that authorizes a forcible blood draw should your child continue to refuse to participate in the BAC test following an arrest. During their trial, the defendant’s refusal to take a BAC test can be used as evidence of guilt. Your child’s driver’s license will be revoked for a year for a first-time refusal or three years for a second or subsequent refusal within seven years in addition to the above consequences.

Challenging a Nevada DUI License Suspension

By requesting a hearing, you or your underage driver’s, licensed that was revoked can be challenged. The arresting officer must meet a particular burden of proof in order to uphold a driver’s license suspension. The officer, in the state of Nevada, must do the following:
1) To believe a suspect is driving while under the influence, the officer must have reasonable grounds.
2) Proof is provided that the suspect refused to take the BAC test.
3) Proof of the state’s license revocation process was related to the suspect.
4) Provide proof that the suspect has a right to the hearing.

Criminal Defense, Personal Injury, Business Attorneys & More in Greater Las Vegas, Nevada

You need a DUI lawyer in the event that you or your child refused BAC testing during a traffic stop in Nevada. If you need representation in the Vegas Valley, call in the experienced professionals of Kajioka & Associates, Attorneys at Law for a consultation. We will get the facts of your individual case and offer our professional recommendations on how to proceed. Do not try and fight these charges on your own, call us today!