Many people have questions of what to do when they are pulled over for a potential DUI. For instance, should you agree to take the test? Should you wait till you get back to the station? Should you refuse all together? The short answer- just cooperate.
In Nevada, the “implied consent” law states that a person who is lawfully arrested by an officer who has probable cause that the suspect has been driving under the influence is required to take a blood, breath, or urine test upon request. The test must be given within two hours of when you were last driving and an officer is allowed to give up to four tests. If there is any discrepancy in the first three tests, then the fourth and final must be a blood test.
Additionally, the implied consent law says that even before a lawful arrest, you also consent to a preliminary breath test which works like a field sobriety test. Upon these results, the officer can then establish probable cause and arrest you for driving under the influence. Shall you refuse to engage in this preliminary test, the officer will take your license, arrest you anyway, and take you to a reasonable place- hospital, police station, etc.- for a chemical test of your blood, breath, or urine.
Furthermore, the question still looms, should you refuse to take a mandatory DUI test all together? The answer is a stern no and here is why. In Nevada, an officer is allowed to use reasonable force to make a suspect take a DUI test. Should you continue resist and make reasonably force ineffective in obtaining a test result, then prosecution can use this refusal to argue on the grounds that the reason you rejected the test is because you were intoxicated and guilty of a DUI.
Moreover, your cooperation during these frustrating times could be key in reducing your penalty in the event you are convicted of a DUI. However, what is also key is having a skilled DUI attorney fighting in your corner to defend your rights. Not only can they further minimize the repercussions, but the more familiar your attorney is with the related law and specific process, the better chance you have of them being able to get rid of these consequences completely.
DUI charges are unlike other traffic related charges. They require an experienced lawyer and can involve life-changing outcomes. React as such and retain the right attorney. Ben Nadig is a dui defense attorney located in Las Veags, NV with extensive experience successfully handling a wide range of different criminal defense cases including DUI cases. If you or someone you love has been charged with a DUI in the Las Vegas area contact Ben Nadig for a free legal consultation.