Implied Consent and What It Means for Your DUI Arrest

Jean Soriano was driving with a friend near Las Vegas when their vehicle collided with a van in front of them, causing the van to overturn and killing five of its passengers. Investigators from the Nevada Highway Patrol found several empty beer bottles in Soriano’s vehicle, and his blood alcohol content was recorded as 0.12 percent, well above the legal limit of 0.08 percent. Soriano faces charges of DUI causing death or substantial injury.

Under Nevada law, if you are driving or otherwise in control of a vehicle, you provide implied consent to a blood, urine or breath test should you be arrested or stopped by police on reasonable grounds of suspicion of driving under the influence of alcohol or a controlled substance. The effect of the rule of implied consent is that if you are pulled over, you cannot refuse to provide a sample for the police officer. Indeed, an officer is permitted to use reasonable force to take a blood sample if you do not freely consent to the test. In certain circumstances, your refusal to provide a sample can also be used as evidence against you in court.

Sometimes the police officer may ask you to take a breath test more than once to make sure they get accurate results. You can be asked to take a breath test up to three times, after which you should be asked to provide a blood test. You can refuse a blood test only in certain limited circumstances, such as if you are a hemophiliac or take anticoagulants for a heart condition.

If you have been arrested for DUI, make sure you get in touch with an experienced Nevada DUI attorney to help you vigorously fight the charge.

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