Refusal to Submit to Test

Consequences of DUI Refusal under Nevada Law

After an arrest for Driving Under the Influence, the arresting officer may allege that the driver refused to submit to a breath, blood or urine test. However, in the state of Nevada a person does not have the right to refuse a blood or a breath test. If a person refuses, the officer has the right to strap a person down and forcibly remove blood from a suspect.

Important defenses exist to fight a DUI case involving a "refusal" under Nevada law in Las Vegas, Clark County, and the surrounding areas of Nevada. Contact an attorney experienced in fighting the DUI refusal case to find out more about how we fight these types of DUI cases. Contact the Law Offices of Joel M. Mann to speak directly with Joel Mann about your DUI refusal case.

Las Vegas DUI Refusal Attorney

At the Law Office of Joel M. Mann, attorney Joel Mann has defended several clients against DUI allegations. He is familiar with the field sobriety tests and chemical BAC tests along with the flaws in these tests. If you have been charged with a DUI, it is important to contact Joel Mann right away so he can start working on your defense. For DUI charges, it is necessary to hire a lawyer that will fight for you. Contact Joel Mann at (702) 474-6266 for a free consultation about your DUI allegations.

Impact of Nevada's Implied Consent Laws on the DUI Refusal Case

Nevada law, NRS 484C.150, provides that a person arrested for DUI shall be deemed to have given his consent to a preliminary breath test for the purpose of determining his blood alcohol concentration (BAC). This test is to be administered at the direction of a police officer if the officer has reason to believe the person to be tested was driving while under the influence of alcohol or a controlled substance.

The failure to submit to a preliminary breath test immediately results in the revocation of the suspect's driver's license, but is subject to an administrative or judicial review only if requested by the alleged offender, as explained in NRS 484C.220. An initial refusal to take such a test is often final because the DUI suspect cannot “cure” this refusal by later requesting to take the test.

Although the driver cannot outright refuse a breathalyzer test without revocation of their license, under NRS 484C.180, the suspect does have the option of choosing another qualified person to administer the blood test instead of a police officer, at the expense of the suspected offender.

Further, under NRS 484C.160, if the driver is suspected of driving under the influence of a controlled substance, he is deemed to have consented to a blood or urine test in addition to, or in place of a breath test. If the driver refuses to submit to a test by the police officer, the officer is permitted to use reasonable force to use a blood or urine test on the driver.

More Informatoin on Nevada's Complied Consent Laws

The Machine Refusal - When an Inadequate Breath Sample is Provided

In some cases, the suspect will attempt to comply with the breath testing procedure, but is unable to provide a sufficient sample. Sometimes, even a good faith, but unsuccessful effort to complete a breath test is insufficient, and therefore, constitutes a “refusal to submit” under the “implied consent” statutes.

However, in this situation, the suspect’s defense attorney can move for the exclusion of any mention of the refusal. If the court does not exclude the evidence, the defense attorney can argue at trial that the suspect’s actions do not constitute refusal, and thus do not indicate a consciousness of guilt.

Finding Experienced Representation for the DUI Refusal Case

If you have been arrested for DUI refusal after you failed to provide a breath, blood or urine sample, contact an experienced Las Vegas criminal defense attorney to discuss the particular facts of your case. Attorney Joel M. Mann is experienced in fighting the DUI refusal case in Las Vegas, Clark County and the surrounding areas of Nevada.

Law Office of Joel M. Mann | Las Vegas DUI Defense Attorney

If you refused to take a field sobriety test or a breath or chemical test in conjunction with a DUI allegation there is still a possibility to overcome the consequences of the refusal. Contact the Law Office of Joel M. Mann to talk about your DUI charge. There are still many defenses and strategies that can your DUI defense attorney can use to either reduce or dismiss the DUI charge and get your license back. Contact Joel Mann at (702) 474-6266 for a free consultation about your alleged DUI offense.