In the state of Nevada, underage drinking is taken very seriously, particularly so if a person is operating a vehicle. 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, regardless of whether it impairs their driving. The consequences they face can have a severe negative impact on their lives in the event your kid is stopped for a DUY and they decide to avoid trouble and refuse to take the chemical test that is required to determine a person’s BAC. To help people understand the consequences when they refuse a DUI chemical testing in Nevada, we at Kajioka & Associates, Attorneys at Law would like to take the opportunity with this in mind.
If they are suspected of driving under the influence, driving on Nevada’s public roads indicates that your child has consented to let police take a BAC test. The implied consent law allows the Department of Motor Vehicle to revoke your child’s driver’s license in Nevada should they withdraw consent for BAC testing after a lawful arrest.
What Happens if a Driver Refuses to Take an Alcohol Test?
You can expect for police to take the following actions listed below if a driver refuses BAC testing, generally speaking.
1) Both the vehicle and license are seized.
2) Transportation to BAC testing location for the child or individual.
3) The individual is placed under arrest.
In the event your child continues to refuse to participate in the BAC test following an arrest, law enforcement can apply for a warrant that authorizes a forcible blood draw. The defendant’s refusal to take a BAC test can be used as evidence of guilt during their trial. In addition to the above consequences, 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.
Can I Appeal a Revoked License?
You or your underage drivers licensed that was revoked can be challenged by requesting a hearing. In order to uphold a driver’s license suspension, the arresting officer must meet a particular burden of proof. In the state of Nevada, the officer must do the following:
1) The officer must have reasonable grounds to believe a suspect is driving while under the influence.
2) The suspect refusing to take the BAC test needs to have proof is provided.
3) The state’s license revocation process was related to the suspect requires proof.
4) Provide proof that the suspect has a right to the hearing.
Criminal Defense, Personal Injury, Business Attorneys & More in Greater Las Vegas, Nevada
In the event that you or your child refused BAC testing during a traffic stop in Nevada, you need a DUI lawyer. Call in the experienced professionals of Kajioka & Associates, Attorneys at Law for a consultation if you need representation in the Vegas Valley. We will offer our professional recommendations on how to proceed after we get the facts of your individual case. Contact us today, do not try and fight these charges on your own.