Nevada's Implied Consent Law
Under Nevada law, if a law enforcement officer has reasonable grounds to believe that a person is driving or is in actual physical control of a vehicle on a public road while under an alcoholic beverage or a controlled substance’s influence, the person is deemed to have consented to an evidentiary breath or blood test, at the officer’s discretion, to determine whether a controlled substance or alcoholic beverage is present.
Implied Consent to DUI Testing in Las Vegas
In Nevada, a person does not have a right to refuse an evidentiary test of their blood. If they refuse the officer has a right to forcibly withdraw blood from the suspect in order to test it for alcohol or a controlled substance. This usually means strapping a person down to a gurney and withdrawing the blood.
Implied Consent Law – Nevada Revised Statute Section 484C.160
The implied consent statute is Nevada Revised Statute Section 484C.160 which relates to the preliminary and evidentiary testing of drivers after a DUI arrest. Under the Implied Consent Statute, any person who is arrested for DUI shall be deemed to have given his consent to an evidentiary chemical test of his blood, breath or urine to determine the concentration of alcohol or whether a controlled substance, chemical, poison, organic solvent, or other prohibited substance is present.
Blood Draw of from Unconscious Driver in Nevada
If the officer determines that the driver was under the influence of alcohol or a controlled substance and the driver is unconscious, then the law enforcement officer shall direct that samples of the blood be taken from the driver so that the samples can be tested for the presence of alcohol or a controlled substance.
Forced Blood Draw under Nevada Law
Furthermore, the officer may force a person to submit to a blood test if the arresting officer has reasonable grounds to believe that the person was driving under the influence and the person refuses to give a valid evidentiary sample.
If an individual is arrested for DUI and blows under the legal limit and the arresting officer believes that the driver is under the influence of a controlled substance, then the officer can direct the person to submit to a blood or urine test, or both in addition to the breath test.
Limitation on Forced Blood Draws under Nevada Law
Under certain circumstances, the arresting officer may direct that reasonable force is used in order to obtain samples of blood from the person tested. Nevada law provides that not more than three such blood samples may be taken during a five-hour period after the initial arrest. Under these circumstances, the officer is not required to provide the person with a choice of tests to determine the presence of alcohol or a controlled substance in the blood.
Notification of Parent Required for Juvenile Chemical Testing after DUI Arrest
Under Nevada law, if a juvenile who is less than 18 years of age is ordered to submit to a chemical test of his blood, breath or urine, the officer shall make reasonable attempts to notify the juvenile’s parent, guardian, or custodian.
Law Office of Joel M. Mann | Implied Consent to DUI Testing in Nevada
If you’ve been arrested for driving under the influence (DUI) in Las Vegas, Clark County, Nevada, or surrounding areas, contact an experienced an aggressive DUI defense attorney as soon as possible. Attorney Joel Mann is experienced at representing those accused of DUI in Clark County and surrounding areas of Nevada. Contact us today at (702) 474-6266 for a free initial consultation to discuss your drunk driving case.
