10.31.2013

What Implied Consent Means in DUI Cases

Written by: The Law Offices of Garrett T. Ogata

What Implied Consent Means in DUI Cases

Whether you’re an out-of-state resident, or at home in Nevada, there’s something important for you to understand when it comes to DUI cases. Many people don’t know enough about what happens in a drunk driving arrest before it happens to them, but you really should be familiar with something called the implied consent law. This simply refers to a bit of Nevada legislation that requires state drivers to grant consent for a blood or breathalyzer test as a condition of having their own license. In other words, you don’t get to have a driver’s license without the implied consent of having a blood or breath test from an officer of the law.

That means you have no legitimate claim if an officer is required to use force to gather evidence against you in a drunk driving arrest, because you gave implied consent before you received your license. This has a bearing on the defenses you can use in a DUI trial, and on what is admissible as evidence. Because of the severity of a DUI charge, you will get crushed by the prosecution unless you secure the assistance of a competent Las Vegas DUI attorney. Unfortunately, there’s no guarantee that you’ll get all charges dismissed or an acquittal, but only a Las Vegas DUI lawyer knows enough about the law to mount a decent defense on your behalf. Since the evidence gathered based on implied consent is admissible, it’s up to a good lawyer to find other ways to defend you.

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