12.12.2013

Should You Contest a Sobriety or Chemical Test?

Written by: The Law Offices of Garrett T. Ogata

Should You Contest a Sobriety or Chemical Test?

When you get pulled over and tested for impaired driving in Nevada, there is an evidentiary rule that may work against you and help a judge convict you of impaired or drunk driving. It’s called the “consciousness of guilt” rule which takes effect when you refuse to be field tested for sobriety or when you refuse a chemical test. If you are aware that your BAC or BAL is above the legal average, the best thing you can do it not contest a sobriety test of any kind.

This is because, in Nevada, officers are allowed to conduct the test by force if necessary, and, by simply having a Nevada driver’s license, you have consented to the tests.  If you contest, however, the officer who conducted the test can testify that you showed “consciousness of guilt,” which will not help you get a lesser charge. They may also try to prove consciousness of guilt by your appearance, but the accusation has greater effect if you also try to refuse the various tests the officers can give.

To help your case and give your Las Vegas DUI layer enough material to reduce the charges, don’t refuse the sobriety tests. It won’t help you in any way, because of the laws in Nevada surrounding impaired driving. The best thing you can do if you’re caught driving under the influence is to be polite, take the tests, and then contact a DUI lawyer in Las Vegas to help your case.

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