DUI Test Refusal in Las Vegas
Address the Charge & License Revocation from the Start
Refusing a test after a DUI arrest can affect your ability to drive while prosecutors continue pursuing the charge. Christiansen Trial Lawyers represents people charged with DUI in Las Vegas and addresses both sides of a refusal case: the court proceeding and the separate administrative process involving your license.
Our attorneys bring more than 65 years of combined criminal defense experience in drunk-driving cases. You have direct access to the attorneys handling your case instead of being routed through junior staff, so questions about your arrest, license, and court dates stay with the lawyers responsible for your defense.
Call (702) 357-9977 to discuss your DUI test refusal and the steps available for addressing both proceedings.
Roadside Breath Tests vs. Post-Arrest Evidentiary Tests
Nevada implied consent law generally requires a driver lawfully arrested for DUI to complete an evidentiary breath, blood, or urine test. Conducted after an arrest, an evidentiary test measures alcohol or controlled substances for a DUI investigation. It isn’t the same as a preliminary roadside breath test administered before an arrest.
A preliminary roadside breath test helps an officer investigate suspected impairment. Refusing that test may contribute to the officer’s decision to make an arrest, but it doesn’t trigger the license-revocation penalty associated with refusing a required evidentiary test.
Refusing an evidentiary breath or blood test after a lawful arrest creates separate concerns. The refusal can result in an administrative license revocation, and the DUI prosecution can still proceed. Refusing testing doesn’t prevent prosecution or keep the refusal from being raised in later proceedings.
Nevada Penalties After an Evidentiary Test Refusal
Under NRS 484C.210, a first refusal of a required evidentiary breath or blood test results in a one-year revocation of driving privileges. A second refusal within seven years results in a three-year revocation. This administrative consequence applies regardless of the outcome of the related DUI charge.
Other important consequences and exceptions include:
- Refusal evidence: Under NRS 484C.240, evidence that a driver refused testing is admissible in criminal and administrative proceedings arising from DUI-related conduct.
- Forced blood draws: Officers generally need a warrant authorizing a forced blood draw after a refusal.
- Medical exemptions: Drivers with hemophilia or a heart condition requiring anticoagulant medication are exempt from a forced blood test, although they can still be required to complete a breath test.
DMV Hearings & DUI Court Proceedings in Las Vegas
A Nevada DUI test refusal usually moves along two separate legal tracks. We represent clients in court and before the Nevada Department of Motor Vehicles, including administrative hearings concerning license revocation.
The DMV Administrative Process
A DMV administrative hearing determines whether an agency action affecting driving privileges should stand. The period for requesting a hearing is short and runs separately from the criminal court schedule. Waiting for the charge to be resolved can leave the administrative revocation unaddressed.
Drivers licensed by another state need advice tailored to their circumstances. The effect of a Nevada arrest or revocation on a home-state license can depend on that state’s laws and how its licensing authority responds to the reported action.
The Criminal DUI Case
The criminal track addresses the DUI charge, the alleged refusal, and any related allegations. Depending on the severity of the charge, a case can proceed through Las Vegas Justice Court or the Eighth Judicial District Court. Our attorneys also appear regularly in Municipal Court and other courts serving Clark County.
A result in one track doesn’t automatically resolve the other. We assess the deadlines, evidence, and legal issues in each proceeding without treating the license issue as an afterthought.
What We Examine in a DUI Refusal Case
Details surrounding an alleged refusal can shape both proceedings. We review the sequence of events, the available evidence, and law enforcement’s conduct before recommending a course of action.
Our review can address:
- Whether the arrest and evidentiary test request complied with Nevada law.
- Whether law enforcement violated the client’s rights during the investigation or testing process.
- Whether the requested breath test or blood alcohol test was administered properly.
- Whether the facts support the officer’s characterization of the response as a refusal.
- How the claimed refusal may be presented at the DMV hearing and in court.
We prepare cases for litigation instead of steering clients toward an early plea without a full assessment. Opposing counsel and prosecutors in Las Vegas know our willingness and ability to try cases, but every recommendation remains grounded in the evidence, charges, and risks involved.
Discuss Your Las Vegas DUI Test Refusal with Our Attorneys
During a free, no-obligation consultation, we can review the refusal allegation, explain the separate proceedings, and identify the immediate decisions involved in protecting your rights and ability to drive. Consultations are available by phone or through our contact form.
Our attorneys are available 24/7 for urgent questions and case concerns. We provide legal services in English and Spanish, allowing you to discuss the arrest and your options in the language you’re most comfortable using.
Call (702) 357-9977 to speak with Christiansen Trial Lawyers about a Las Vegas DUI test refusal.
