Las Vegas Criminal Law Blog

Can I Refuse Testing? Understanding the Consequences of Refusing DUI Chemical Testing in Nevada

In the state of Nevada, underage drinking is taken very seriously especially if a person is operating a vehicle. Under the law, it is illegal for anyone under the age of 21 to have a blood alcohol level (BAC) of .02 or higher regardless of whether it impairs their driving. If your child is stopped for a DUI and refuses to take the chemical test that is required to determine a person’s BAC, they could face consequences that can negatively affect their lives.

What Is Implied Consent?

You may not know it, but as the leading DUI lawyer in Clark County, I’m here to tell you that driving on Nevada’s public roads means that your child has consented to let police take a BAC test if they are suspected of driving under the influence. In Nevada, the implied consent law allows the Department of Motor Vehicle to revoke your child’s driver’s license if they withdraw consent for BAC testing after a lawful arrest.  

What Happens If My Child Refuses Testing?

In general, if your child refuses BAC testing you can expect for police to take the following actions:

  • Place your child under arrest
  • Seize your child’s license and vehicle
  • Transport your child to a location that provides BAC testing

If your child still refuses to take a BAC test once arrested, police can apply for a warrant that authorizes a forcible blood draw. Furthermore, your child’s refusal to take a BAC test can be used as evidence of guilt at their trial. In addition to the consequences mentioned previously, your child’s driver’s license will be revoked for a year for a first-time refusal or three years for a second or subsequent refusal within seven years.     

Challenging the Revocation

If your child’s license is revoked, they can challenge the suspension by requesting a hearing. To uphold a driver’s license suspension, the arresting officer must meet a particular burden of proof. In the state of Nevada an officer must:

  • Have reasonable grounds to believe a suspect is driving while under the influence
  • Provide proof of the suspect’s refusal to take a BAC test
  • Prove that the suspect was informed about the state’s license revocation process  
  • Prove that the suspect was informed about their right to a hearing

If your child has refused BAC testing during a traffic stop and is in need of a DUI lawyer in Las Vegas, please do not hesitate to call the Law Offices of Benjamin Nadig. Do not let one mistake determine your child’s future—give us a call today at 702-706-0076 for a free consultation.