A person is guilty of driving under the influence (DUI) when they are over the legal limit and operating a motor vehicle. Nevada considers operating a motor vehicle as being in physical control of a motor vehicle. To be in physical control means that the person is sitting in the driver’s seat. It does not matter if a person is actually driving or just sitting in a parked vehicle.

What Is the Legal Limit in Nevada?

A person is guilty of driving over the limit in Nevada if they have a blood alcohol concentration level at or above 0.08 percent.

How Will Police Determine If I Am Over the Legal Limit?

The police typically determine if a person is over the legal limit by conducting a:

  • Breath test
  • Blood test
  • Urine test
  • Field sobriety test

Can I Refuse to Consent to Any Test to Determine If Am Drunk?

No, you cannot refuse to consent to any and all DUI tests. This is because Nevada has an implied consent law.

What Is an Implied Consent Law?

An implied consent law is a law that gives police the legal right to test a person to determine if they are over the legal alcohol or drug limit. A person gives the consent to be subjected to a test every time they operate a motor vehicle in Nevada.

What Happens If I Refuse to Take a DUI Test?

Just because Nevada has an implied consent law does not mean that you have to take a specific DUI test as soon as the police request that you take it. For a first DUI test refusal, police must give a person the option to choose the DUI test they want.

What Happens If I Refuse to Take Another DUI Test During the Same DUI Stop?

A second DUI refusal allows police to choose the DUI test a person will take.

Can Police Make Me Take a DUI Test in Nevada?

Yes. Police in Nevada can use reasonable force to administer a DUI test.

Do I Need Legal Representation for My DUI Charge?

Legal representation is critical if you are facing a DUI charge. Contact a Nevada DUI/DWI attorney immediately to understand more about your legal right regarding implied consent and DUI charge.