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Can I refuse a Breathalyzer Test?

  • By: Laurence Thien
  • Published: December 4, 2020

The State of Nevada, much like every other state in the United States, has an implied consent law which effectively states that by virtue of availing oneself of the roads, freeways, traffic signals, and so forth, an individual IMPLIEDLY consents to a test of their breath and/or blood upon reasonable suspicion of impairment by a law enforcement officer. 

There are some caveats, such as challenging whether or not you were in “actual physical control” of the vehicle at the time the suspicion arose, but the long and short of it is that refusing a Breathalyzer test often carries with it consequences, including a potentially longer period of revocation of your driver’s license.  

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