In the past, Nevada's "Implied Consent" Laws...
...stated that you didn't have a choice. If you were arrested on suspicion of driving under the influence of intoxicating liquor or drugs, a Nevada peace officer would read you, verbatim, something called "implied consent".
|Even though you may not remember hearing it...|
It boils down to the police officer telling you that he "has reason to believe you are driving while under the influence and you are required to submit to evidentiary testing of your blood, breath or urine to determine your level of impairment" and that if you refuse "the law allows me to use reasonable force to obtain the sample" against your will.
A few years ago the supreme court ruled that strapping someone into a chair and forcibly entering their body (with a needle) to get a blood sample against the person's will was a violation of the person's Reasonable Expectation of Privacy and subsequently ruled that a search warrant is required before strapping someone into a chair and probing them with a needle.
|Too much Chianti and look where you end up...|
Well, now there's an update! You can refuse all tests!
But... Before you think you can "stick it to the man"...
Refusing a test, whether you are legally intoxicated or not, will now result in you IMMEDIATELY losing your license for ONE YEAR.
Our advice: skip the whole hassle and just have a designated driver. It's the simplest way around this mess.
If you have, however, been charged with DUI, call us! We're happy to help.