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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.

Can You Refuse a Breathalyzer Test in Nevada?

Yes, you can refuse a breathalyzer test in Nevada, but doing so has significant consequences. Nevada operates under an "implied consent" law, meaning that by driving on Nevada roads, you have implicitly agreed to submit to chemical testing (breath, blood, or urine) if you are lawfully arrested for a DUI. Refusal to comply with this requirement can lead to automatic penalties, which can be severe and long-lasting.

What Are the Consequences of Refusing a Breathalyzer Test in Nevada?

Refusing a breathalyzer test in Nevada can lead to immediate and automatic penalties, including:

License Suspension: For a first offense, refusing a breathalyzer test can result in an immediate one-year license suspension. A second or subsequent refusal within seven years can lead to a three-year suspension.
Evidentiary Use: The prosecution can use your refusal as evidence of guilt in court, arguing that you refused the test because you knew you were intoxicated.
Mandatory Blood Test: If you refuse a breathalyzer test, law enforcement may obtain a warrant to conduct a mandatory blood test, meaning you could still be tested against your will.
SR-22 Requirement: You may be required to obtain SR-22 insurance, which is typically more expensive and a requirement for high-risk drivers.
Increased Penalties: Penalties for refusing a breathalyzer test can be harsher than those for failing the test, including higher fines and longer jail sentences.

How to Fight a DUI Test Refusal Charge

Defending a DUI test refusal charge necessitates a strategic approach and a deep understanding of Nevada DUI laws. Various defenses can be utilized to contest the charge:

Lack of Reasonable Suspicion: Demonstrating that the officer lacked reasonable suspicion to pull you over can invalidate the subsequent arrest and refusal charge.
Improper Procedure: Demonstrating that the officer did not follow proper procedure when requesting the breathalyzer test or failed to inform you of the consequences of refusal can be grounds for dismissal.
Medical Conditions: Presenting evidence that a medical condition prevented you from taking the breathalyzer test can be a viable defense.
Violation of Rights: Claiming that your constitutional rights were violated during the traffic stop or arrest may suppress evidence.
Inaccurate Test Results: Highlighting issues with the breathalyzer device or its maintenance can cast doubt on the validity of the refusal charge.
Witness Testimony: Using witness testimony to corroborate your events can strengthen your defense.

Contact Our Las Vegas DUI Test Refusal Attorney Today

Dealing with a DUI test refusal charge in Las Vegas can be overwhelming, but having an experienced and knowledgeable attorney by your side can make a substantial difference. At Goodman Law Group, we are committed to providing the aggressive representation needed to protect your rights and achieve the best possible outcome. Contact us today for a consultation, and let us help you effectively fight your DUI test refusal charge.

Contact Goodman Law Group today to meet with our breath test refusal lawyer in Las Vegas!

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Choosing Goodman Law Group means partnering with a team that combines trusted expertise with unwavering dedication. Our deep knowledge of the legal system and commitment to your case ensure that you receive the highest level of representation and the best possible outcome.

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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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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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