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Breath Test Defense in Las Vegas
Law enforcement officers often use breath tests to justify an arrest after pulling over a driver for a suspected DUI. If you took one without realizing that it could damage your chances of defending against DUI charges, you might still have a way to prepare a strong strategy. Talk to a member of Goodman Law Group today to learn more about breath tests, how they are used by law enforcement, and how to challenge them throughout your DUI defense case.
Call (702) 825-7854 to talk to a breath test defense attorney in Las Vegas, Nevada. You can also use an online contact form.
What is a Breath Test?
A breathalyzer is a device used by law enforcement nationwide to measure blood alcohol concentration (BAC) using a sample of a driver’s breath. Portable breathalyzers are used by highway patrol officers, and larger devices are often found in police stations for more accurate second tests. All types of breathalyzers use a weak electric current that reacts to alcohol molecules in exhaled breath to calculate the person’s BAC level.
When Can a Police Officer Ask You to Take a Breath Test?
In Nevada, you can be asked to take a breath test if you are arrested for DUI. Typically, an officer can ask you to take a field sobriety test before you are arrested, but not a breath test because it is a “chemical” test.
Importantly, Nevada uses an “implied consent” law for BAC tests. Under this law, anyone who obtains a driver’s license and then drives on a public road automatically agrees to take a BAC test, including a breath test, if a law enforcement officer requests it.
If you break the implied consent law for BAC and refuse to take a breath test, you can face these consequences:
- You will almost certainly be arrested.
- Your driver’s license will be automatically suspended for at least one year, even if you are completely sober and your DUI charge is later dismissed.
- Your refusal to comply with the test can be used as evidence against you in court.
- You will likely have to take a mandatory blood test after the police obtain a warrant to test your BAC.
- You will likely have to obtain expensive SR-22 auto insurance.
Are Breath Tests Accurate?
Ask a police officer if a breath test is accurate, and they will tell you it is “very accurate.” Ask a chemist, judge, or lawyer if a breath test is accurate, and they will tell you the honest answer: “Not always.” Plenty of factors can make a breathalyzer reading inaccurate, sometimes producing a BAC result that is much higher than what a truly accurate test would produce.
It is widely known that breath test accuracy can be jeopardized by:
- How recently the driver had alcohol.
- How recently the driver smoked a cigar or cigarette.
- How recently the driver took certain medications.
- Driver’s age and overall physical health.
- Breathalyzer damage or lack of maintenance.
- Breathalyzer software defects.
How to Fight a Breath Test in Court
The simplest way for you to fight a breath test in court is to have the DUI defense lawyers of Goodman Law Group fight it for you. Using our decades of collective practice experience, we can look for evidence that may allow us to challenge the results of your breath test. For example, we may be able to question whether the test was administered correctly. Or we can question whether the test’s results were read correctly. Even a small misstep in the testing process can terribly skew a BAC result, so we can argue that the result should not be considered admissible evidence.
Prepare Your DUI Defense Today
A breath test could be what puts you behind bars after a DUI arrest. Do what you can to challenge it by teaming up with Goodman Law Group in Las Vegas. We’re here to support and defend your rights and driving privileges, no matter what the state tries to use against you.
Talk to a Las Vegas breath test defense lawyer about your breathalyzer result. Call (702) 825-7854 now.

Why Choose Us: Expertise, Dedication, Results
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Whether facing charges for DUI, violent crimes, or white-collar offenses, Goodman Law Group provides aggressive representation with a focus on achieving the best possible outcomes for clients in both state and federal courts.
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As a lifelong Las Vegas resident, Ross C. Goodman’s deep knowledge of local laws, courts, and legal professionals gives his clients a distinct advantage, while his nationally recognized legal skills elevate his reputation beyond the state.
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With nearly 30 years of experience and a history of high-profile victories, Ross C. Goodman is a top-tier criminal defense attorney, known for securing dismissals, "Not Guilty" verdicts, and favorable resolutions.
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Every case at Goodman Law Group is handled with meticulous attention to detail, ensuring personalized strategies that have resulted in reduced sentences, acquittals, and alternative legal resolutions for thousands of clients.
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If someone wants competence, experience, straightforwardness, and results along with a great personality then they need Ross Goodman. He's the only attorney I would recommend. The quality I received with Ross cannot be overstated. He's the best!
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So thankful for Mr. Ross Goodman taking on my case. Sometimes bad things happen even to good people and you're left to make decisions that could affect your livelihood. I knew going into my case I wanted the best lawyer defending me and the best is Ross.- Taniel C.
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Ross Goodman is, without question, in a league of his own. From our very first meeting, it was clear this wasn’t just another defense attorney — Ross is the real deal. He knows the system, commands respect in the courtroom, and he knows how to get results when it matters the most.
To be completely honest, we didn’t hire Ross right away — and that was our first mistake. We initially went with another well-known law firm, thinking we were getting a specific high-profile attorney. But when it came time for court, instead of the person we were promised, they sent in a junior lawyer we’d never met. I couldn’t even get straight answers to basic questions, and it quickly became clear that we were just another file on someone’s desk.
That experience made me double down and insist that we bring Ross Goodman onto the case. I had already met with him in person and had done my homework. After spending an entire afternoon watching interviews, YouTube clips, and reading about his background (and his incredible family — yes, I’m now also a fan of his dad, Oscar Goodman), I knew this was the attorney we had to have. Thankfully, we made the switch — and everything changed.
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He’s not the cheapest attorney in town — and that’s exactly the point. If you’re gambling with your freedom, your record, or your future, you want someone with real experience and a proven reputation. You don’t hire Ross to hope for a good outcome , you hire him because you want the best possible one.
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