| When you think of Nevada you most likely think of Las | | | | breath. If you are asked to submit to an "evidentiary" |
| Vegas, and when you think of Las Vegas, certain | | | | test of your breath or blood, and you refuse, the |
| things always come to mind: the blur of the neon lights, | | | | officer can use reasonable force to compel you to |
| the monstrous scale of the strip, and the cacophonous, | | | | take the test. |
| smoke filled casino's where day is night and night is | | | | TIP: Cooperate, but don't volunteer to take tests. Your |
| day and the alcohol is free for anyone who gambles | | | | refusal to take a test may result in your being charged |
| long enough. Las Vegas may be just one of many | | | | with an additional charge of obstructing or resisting an |
| Nevada cities, but the people who come to play and | | | | officer. Be polite, and if told that you have to submit to |
| stay in Las Vegas may be at a higher risk for DUI than | | | | a test, then submit to it and fight about it later, in court. |
| people visiting, say, the Hoover Dam. | | | | 3. If I am stopped and arrested for Driving Under the |
| With more than enough out of state tourists, Nevada | | | | Influence, I am as good as convicted. |
| uses harsh DUI laws to crack down on anyone caught | | | | Despite the attitude of many courts and prosecutors, |
| drinking and driving within its borders. Although many | | | | there are defenses to the crime which should be |
| states' DUI laws are very similar, Nevada breaks the | | | | raised by you. Sadly, there are law enforcement |
| mold when it comes to blood alcohol testing, using | | | | officers who are not above coloring the truth and are |
| harsh laws to ensure that a person arrested for | | | | willing to do so. Also, many officers who investigate |
| possible DUI is always given a test to determine what | | | | DUI cases are not qualified to administer the sobriety |
| his blood alcohol level was at the time of arrest. | | | | tests, and they make serious mistakes in so doing. |
| Few Tips: | | | | Remember this: If you plead guilty, you have a 100% |
| 1. If I am stopped by a police officer, I have the right to | | | | chance of being found guilty. If, however, you are willing |
| consult with a lawyer to determine whether to answer | | | | to fight for your rights, and to contest the prosecution's |
| his questions, or to decide whether submit to a blood | | | | case, you will have the best chance of a satisfactory |
| or breath test. | | | | outcome. |
| Your constitutional right to speak with an attorney | | | | TIP: Pleading Not Guilty at the Arraignment does not |
| doesn't allow you to consult with one before deciding | | | | mean that you cannot change your mind later. For this |
| whether to remain silent, or before deciding whether to | | | | reason, do not plead guilty until you are satisfied that |
| submit to an evidentiary test of your blood or breath. It | | | | nothing can be done to improve your legal position. |
| is only after you answer the officer's question, and | | | | Your attorney will know how to advise you. |
| after you submit to the testing, that you can call a | | | | 4. I can defend myself effectively in this kind of case, if |
| lawyer to determine what you should have done. | | | | I just let the judge know the facts. |
| TIP: Although you are generally expected to answer a | | | | If you have a headache, it is perfectly acceptable to |
| police officer's legitimate "identity" type questions, you | | | | take an aspirin or two. Similarly, a small cut on your |
| should not admit to having consumed any alcohol or | | | | may heal perfectly well without your doing anything to |
| any controlled substances. By doing so, especially with | | | | remedy it. If your appendix bursts, however, you need |
| the controlled substances, you may be admitting to a | | | | to consult an expert, and no one would suggest that |
| felony. When in doubt, don't talk. You should only agree | | | | you should personally attempt to remove that |
| to take tests that are required by law. Don't volunteer | | | | appendix. If you are arrested for Driving Under the |
| to take any tests that are not required. Ask if the test | | | | Influence, you need professional help to get past the |
| is required. | | | | many pitfalls and adverse consequences. You need a |
| 2. I have the right to refuse a test of my blood or | | | | competent lawyer, one who is experienced in the |
| breath, even if the officer tells me to submit to one. | | | | defense of Driving Under the Influence cases, and who |
| Years ago, it was possible to refuse to submit to a | | | | is well versed on the law and facts regarding these |
| blood or breath test, without very much fallout. Today, | | | | offenses. Your investment in such representation is |
| however, should you refuse to submit to a "preliminary" | | | | essential. |
| test of your breath, the officer is permitted to arrest | | | | TIP: Hire the best attorney you can afford, one with |
| you, if he has "reasonable grounds" to do so, and to | | | | depth of knowledge and experience in defending other |
| force you to take an evidentiary test of your blood or | | | | drinking drivers. |