DUI Blood and Urine Testing in Las Vegas
If there is a lawful arrest in Nevada for Driving Under the Influence, the arresting officer may require the alleged impaired driver to submit to a blood test or a urine test. Refusal to submit to any chemical testing will result in the suspension of the suspect’s driver’s license. If you have experienced a DUI arrest in Las Vegas, Nevada, consult with a criminal defense lawyer to find out about possible defenses to blood and urine tests in DUI cases.
Whether you will be required to take a field sobriety test, such as a blood or urine test depends on the level of alleged impairment and the surrounding circumstances of the arrest. Remember, if this is your first DUI offense, you have the option of taking a breath test instead of the blood and urine tests. Sometimes if you fail the breath test, the officer will require a blood test or urine test. You have the option of declining to have the police station physician administer the blood test or urine test and have the option to get the blood test or urine test completed at your own expense.
Las Vegas DUI Blood or Urine Test
Even if your breath, blood or urine test results say that you are guilty of a DUI, it is still necessary to seek out the Law Office of Joel M. Mann, and talk to a licensed criminal defense attorney. There are still viable defenses to these tests because many of them are inaccurate, or administered incorrectly. Joel Mann will be able to help you craft a defense and either dismiss or reduce the charges. Contact him today for a free consultation on your DUI arrest and strategies to beat the blood or urine tests.
DUI Blood Test
Under Nevada law the following people may withdraw blood in order to test for the presence of alcohol and other drugs:
- Licensed physician assistant
- Registered nurse
- Emergency medical technician
- A person qualified as an expert on that subject
A police officer may direct a person suspected of DUI to take a blood test if the officer has reasonable grounds to believe that the person was under the influence of alcohol or drugs and caused the death or substantial bodily harm to another person, or the person has a previous DUI conviction within the last 7 years.
If the person refuses to be tested, the officer has the right to employ force to the extent necessary to obtain samples of blood from the alleged suspect. Not more than 3 samples can be taken by force during the 5-hour period immediately following the time of the initial arrest.
Right to Independent Blood Testing
If a Nevada DUI suspect requests a reasonable opportunity to have a qualified person of his or her own choosing administer a chemical test to determine Blood Alcohol Content (BAC) or the presence of a controlled substance, under NRS 484C.180, the police must permit such additional testing at the offender’s expense.
Challenging the Results of a Blood Test and Possible Defenses
There are strict requirements for police officers and other qualified professionals to draw blood for DUI testing. If they fail to follow these requirements exactly, then your attorney can develop a potential defense for your DUI charge. For example, under NRS 484C.250, the DUI blood test results are not admissible, unless:
- The test was administered by a qualified person;
- The test was performed on whole blood, not plasma or blood serum; and/or
- The person testing the blood does not otherwise harm the person.
Other defenses can include:
- Broken testing equipment;
- The blood test was taken much later than the initial arrest;
- The qualified person applying the test used an alcohol-based product the cleanse the site where the blood was drawn;
- The blood sample was not properly stored or analyzed;
- The sample of blood was later contaminated; and/or
- The blood sample was not taken in accordance with Nevada’s Code.
BAC Urine Test for DUI
A urine test for blood alcohol concentration is the least accurate and least used of the DUI tests. This test is often used to test for alcohol when the other two DUI tests cannot be performed. However, urine tests can also be used to detect the presence of other drugs besides alcohol.
Nevada Code Sections for DUI Testing
- NRS 484C.200 Requirements for breath test
- NRS 484C.240 Admissibility of refusal to take tests
- NRS 484C.180 Opportunity of arrested person to choose independent testing
- NRS 484C.250 Admissibility of blood tests and immunity from liability for person administering the test
Law Office of Joel M. Mann | Las Vegas DUI Test Defense Attorney
A positive blood, urine or breath test does not mean that you are automatically guilty of DUI. There are still many defenses available. If you are charged with a DUI, contact the Law Office of Joel M. Mann for a free consultation. It is still possible to defend yourself and get the DUI charge either reduced or dismissed. If you want a Las Vegas DUI defense lawyer that will fight for your rights, call Joel Mann at (702) 474-6266.