Refusing a Blood/Breath Test in a Nevada DUI Case:
The Administrative Consequences
Refusing to submit to a breath or blood test in a Nevada DUI case can have serious administrative repercussions, particularly involving the revocation of your driver's license. Under Nevada law, if you are pulled over for suspected DUI and refuse to take a blood or breath test, the Nevada Department of Motor Vehicles (DMV) can revoke your driving privileges—even if you are not ultimately convicted of DUI in court. These penalties are administrative and separate from any criminal charges.
Josh Tomsheck, a Nationally Board-Certified Criminal Lawyer at Hofland & Tomsheck, has extensive experience representing clients in DUI cases, including those who have refused a blood test. If you are facing administrative penalties from the DMV, Josh can help you fight to retain your driving privileges and navigate the complex legal process.
Implied Consent Law and License Revocation in Nevada
Under NRS 484C.160, Nevada's implied consent law, any person operating a motor vehicle on a public road is considered to have given implied consent to a chemical test (breath, blood, or urine) if they are suspected of driving under the influence. This means that when you drive in Nevada, you agree in advance to submit to a chemical test if law enforcement suspects you of DUI.
While you have the right to refuse a blood test, doing so triggers automatic administrative penalties from the DMV, the most significant of which is the revocation of your driver's license. These penalties are enforced regardless of the outcome of any criminal DUI case, and they can impact your ability to legally drive for an extended period.
Consequences of Refusing a Blood or Breath Test in Nevada
If you refuse to submit to a blood test during a DUI investigation, the following administrative penalties apply:
First Refusal: If it is your first time refusing a blood test, the DMV will automatically revoke your driver's license for one year. This revocation is separate from any potential DUI conviction and can be imposed even if you are not convicted in court.
Second or Subsequent Refusal: If you refuse a blood test for the second or subsequent time within seven years, your driver's license will be revoked for three years. This harsher penalty reflects Nevada's stringent approach to DUI enforcement.
Requesting a DMV Hearing
If your driver's license is revoked due to a blood test refusal, you have the right to request a DMV hearing to contest the revocation. This hearing is a separate process from your criminal DUI case and focuses exclusively on the administrative issue of whether the refusal to submit to a blood test was justified.
The DMV hearing is your opportunity to challenge the evidence against you and potentially retain your driving privileges. However, you must act quickly—there is a limited window of time (typically seven days) in which to request the hearing after receiving notice of the revocation.
At the DMV hearing, the following issues will be examined:
Reasonable Suspicion: Did the police have a valid reason to stop you and request a blood test? If law enforcement lacked reasonable suspicion or probable cause, the revocation may be overturned.
Proper Procedures: Did the police follow proper procedures when requesting the blood test? Any failure to adhere to required protocols could be grounds for overturning the revocation.
Physical Inability to Submit: If you were physically unable to submit to the blood test due to a medical condition or other circumstances, this may serve as a defense at the DMV hearing.
Josh Tomsheck can represent you at the DMV hearing and fight to prevent the revocation of your license. With extensive experience in both criminal and administrative DUI proceedings, Josh knows how to challenge the evidence and protect your driving privileges.
Reinstating Your License After a Revocation
If your driver's license is revoked, you may eventually be able to reinstate it after the revocation period has ended. To do so, you will need to pay a reinstatement fee to the DMV, provide proof of insurance (SR-22), and possibly complete an alcohol education course. It's important to note that your insurance rates may
Call us today!
If you've refused a forensic test during a DUI stop in Nevada, you may be facing serious administrative and legal consequences, including the revocation of your driver's license and potential court penalties. Don't face these challenges alone—let an experienced attorney fight for your rights. Josh Tomsheck, a Nationally Board-Certified Criminal Lawyer at Hofland & Tomsheck, has the expertise to defend you in both DMV hearings and court. With years of experience and a proven track record of success, Josh can help protect your driving privileges and build a strong defense for your case.
Time is critical—contact Josh Tomsheck today for a free consultation. Call 702-895-6760 to discuss your case and get the legal representation you need to navigate the complexities of Nevada's DUI laws. Don't risk your future—let Josh fight for you.
Serious Defense for Serious DUI Charges
