7.24.2012

Ask a Las Vegas DUI Defense Attorney What Happens if You Refuse a Blood Test

Written by: The Law Offices of Garrett T. Ogata

Many people panic at the time of arrest and do not know whether to cooperate with testing or refuse until they have a Las Vegas DUI defense attorney present. Well, unlike the movies where actors can just say they want their attorney and the police cooperate, this is not real.

Can a Las Vegas DUI Defense Attorney Help if a Test Was Refused?

You may be under the impression that you can just refuse a blood test, contact a Las Vegas DUI attorney and have them handle the situation for you, but this is not how it works.  If you do not have any prior DUI convictions within the last 7 years, you have a choice of evidentiary test to take; blood draw or breath analyzer machine at the police station.  However, there are situations that are allowed under Nevada’s implied consent laws that give officers the power to choose a blood test even against your request of having a breath analyzer test.  A breath analyzer test is recommended for several reasons.  First, it’s a machine and machines break down.  Second, there are many requirements that must be followed by the officers or the breath analyzer test may get suppressed.  Third, there must be certified operators to do the test along with properly maintained and calibrated machines and solutions.

If you refuse both evidentiary tests, “reasonable force” may be used by the officer to obtain one. This typically consists of constraining you so a forced blood draw can be administered, making you wish you had cooperated. There are long-term consequences to your actions.

You are better to cooperate and then contact us here at GT Ogata.

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