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Nevada’s Implied Consent Law Defined by Attorney Ross Goodman


If you have been charged with drunk driving, it is important to understand Nevada’s Implied Consent Statute. Implied Consent law means that the defendant already “implied” their consent being tested by getting into the car while under the influence of alcohol or illegal substance. There are certain administrative consequences to this, including how the test results can be challenged and possibly excluded from evidence.

Blood tests are not necessarily mandatory; however, if the incident resulted in someone getting seriously hurt, or killed, or if you have been convicted of DUI in the last 7 years, law enforcers may order you to submit a blood test. In cases of DUI of controlled substance, police officers would order you to submit to a blood test and/or a urine test in addition tothe breath test.

Implied Consent Law Definition

Unlike some states, a person does not always have a right to refuse an evidentiary test of their blood. Implied consent law relates to the preliminary and evidentiary testing of drivers after their DUI arrest. Under this statute, any person arrested for DUI shall deemed to have given consent to an evidentiary chemical test of his breath, blood, or urine to determine the concentration of alcohol whether a controlled substance, poison, organic solvent, chemical, or any prohibited substance is present.

Refusing to submit to a required DUI evidentiary blood test allows law enforcers to use “reasonable force” such as physically constraining the driver in order to administer a forced blood draw. Refusal to take any chemical tests for may cause their driver’s license to be suspended for 1 to 3 years. If the case goes to trial, the prosecution may inform the jury or the judge the refusal to take the test and might construe as an admission of guilt.

Health Exception

If you have been arrested for DUI and suffers hemophilia or heart conditions that require anticoagulants, law enforcers cannot force you to submit to an evidentiary blood test. However, you are still required to take a urine test and/or breath test.

Illegal Per Se Law

This Law means driving with Blood Alcohol Content (BAC) Limit of 0.08 or above which is above the legally prescribed limit is considered as an offense in and of itself. The Nevada DMV will mail the driver a notice of suspension and they have the right to request to a DMV hearing to contest it. The suspension may last for 3 months to 3 years depending on the nature of the case.

How Blood Tests are Conducted

Once arrested for DUI charges, law enforcers would take you to jail or another booking area to administer the evidentiary tests. Either the licensed phlebotomists are stationed there or an “on call” can come by and conduct the blood extraction.

Las Vegas DUI law requires phlebotomists to draw 2 vials of blood. The authorities will then transfer the blood to the local crime unit lab where licensed chemical testers analyze the Blood Alcohol Content (BAC) limit for 4 times. If all 4 results are within 5% of each, the lowest result would be reported to the police.

Independent Blood Testing

Las Vegas allows independent blood testing. Ask the law enforcers who conducted your blood test and have it tested independently by a chemical tester of your choice.

It is necessary that you or your DUI defense attorney Las Vegas request an independent test of your blood since it is possible that the blood test results reported by the law enforcers were unreliable or inaccurate.

How to Contest Blood Test Results

Laws are strict when it comes to regulations that the chemical testers and the police must adhere to this strictly when conducting an evidentiary blood test and determining the results. If your attorney can raise a reasonable doubt that the prosecutor faltered in just one of these areas, the DUI case might get dismissed.

There are several factors that can lead to unreliable blood test result in a Nevada DUI case. A strong criminal defense lawyer can show that the state’s evidence is too weak to prevail at trial, and with this, the prosecutors will be much more amenable to negotiating down the charges to something lesser, or dismiss the case outright.

Implied Consent Laws and DUI Defense

If you have been charged with DUI in Nevada, a good legal representation can help you with your case. Whether your evidentiary results were for breath, urine, or blood tests, drinking and driving a competent defense attorney should help reduce your DUI charge into lesser penalty or, even dismiss the case entirely.

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