Yampolsky & Margolis Criminal Defense Las Vega

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Yampolsky & Margolis Criminal Defense Las Vega

The consequences of a DUI are dependent upon the specific circumstances of the arrest. For example, if you submit to the preliminary breath test and your results are in excess of the legal limit, then your license will be suspended on the spot.  If this occurs, the officer will give you a pink carbon copy of your notice of revocation. The driver’s license revocation period can start almost immediately, but can change if you insist on a blood test to accurately determine your BAC at the time of driving.

Due to the fact that a phlebotomist is required to perform blood tests, and that the sample takes an extended period of time to process, there can often be a six to ten-week delay on blood results from DUI arrests. In this situation, your license will not be taken until your results confirm that your BAC was in excess of the legal limit. If this is the case, your license will be revoked for a period of 90 days.

Upon accepting a Nevada driver’s license, you are agreeing to submit yourself to a breath and blood test upon suspicion of impairment by law enforcement. Because of this, you have limited rights as it pertains to the revocation process. You do, however, have access to a Restricted Driver’s License, which is available to you when you have served half of the revocation period. This means that in the event of a first-time DUI with a 90-day revocation period, at the 45-day mark, you have the ability to apply for a restricted driver’s license. The application for a restricted license is specific to the individual and requires particular information as it pertains to the case at hand. A restricted license allows you to drive to and from work, school, doctor appointments, the grocery store, and other necessary daily activities.

Nevada legislature passed a law that requires an individual to obtain an ignition interlocking device installed on their vehicle in order to drive during the revocation period. It is worth knowing that DUI fines imposed by the court are somewhat minimal in comparison to the increased license and insurance costs necessary to drive following a DUI conviction.

What Happens If You Refuse A Breath Or Blood Test Following A DUI Arrest

Until recently, it was within your rights to refuse a breath or blood test until law enforcement obtained a warrant. This made it so the “two-hour rule” in the state of Nevada would force prosecutors to resort to impairment theory in order to prove an individual’s guilt for a DUI. Contrarily, a blood test that provides evidence of an excess of BAC makes the case incredibly easy to secure a conviction for.

The law has now changed, giving an administrative driver’s license penalty to individuals who refused to consent to a breath or blood test. Nevada, like every other state, has an implied consent statute that acts as an agreement between yourself and the state to not drive intoxicated, and if law enforcement believes you are doing so, you impliedly consent to a test. If you do refuse a breath or blood test, there is a strict one-year revocation imposed by the Nevada Department of Motor Vehicles, which has been litigated at the administrative level through the Department of Motor Vehicle’s Administrative Hearings process.

For more information on Driver’s License Consequences Following A DUI, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (702) 843-0939 today.

Yampolsky & Margolis Criminal Defense Las Vegas

Call For A Free Legal Consultation
(702) 385-9777

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