When you think of Nevada you most likely think of Las Vegas, and when you think of Las Vegas, certain things always come to mind: the blur of the neon lights, the monstrous scale of the strip, and the cacophonous, smoke filled casino's where day is night and night is day and the alcohol is free for anyone who gambles long enough. Las Vegas may be just one of many Nevada cities, but the people who come to play and stay in Las Vegas may be at a higher risk for DUI than people visiting, say, the Hoover Dam.

With more than enough out of state tourists, Nevada uses harsh DUI laws to crack down on anyone caught drinking and driving within its borders. Although many states' DUI laws are very similar, Nevada breaks the mold when it comes to blood alcohol testing, using harsh laws to ensure that a person arrested for possible DUI is always given a test to determine what his blood alcohol level was at the time of arrest.

Few Tips:

1.  If I am stopped by a police officer, I have the right to consult with a lawyer to determine whether to answer his questions, or to decide whether submit to a blood or breath test.

Your constitutional right to speak with an attorney doesn’t allow you to consult with one before deciding whether to remain silent, or before deciding whether to submit to an evidentiary test of your blood or breath.  It is only after you answer the officer’s question, and after you submit to the testing, that you can call a lawyer to determine what you should have done.

TIP:     Although you are generally expected to answer a police officer’s legitimate “identity” type questions, you should not admit to having consumed any alcohol or any controlled substances.  By doing so, especially with the controlled substances, you may be admitting to a felony.  When in doubt, don’t talk.  You should only agree to take tests that are required by law.  Don’t volunteer to take any tests that are not required.  Ask if the test is required.

2.  I have the right to refuse a test of my blood or breath, even if the officer tells me to submit to one.

Years ago, it was possible to refuse to submit to a blood or breath test, without very much fallout.  Today, however, should you refuse to submit to a “preliminary” test of your breath, the officer is permitted to arrest you, if he has “reasonable grounds” to do so, and to force you to take an evidentiary test of your blood or breath.  If you are asked to submit to an “evidentiary” test of your breath or blood, and you refuse, the officer can use reasonable force to compel you to take the test.

TIP:     Cooperate, but don’t volunteer to take tests.  Your refusal to take a test may result in your being charged with an additional charge of obstructing or resisting an officer.  Be polite, and if told that you have to submit to a test, then submit to it and fight about it later, in court.

3.  If I am stopped and arrested for Driving Under the Influence, I am as good as convicted.

Despite the attitude of many courts and prosecutors, there are defenses to the crime which should be raised by you.  Sadly, there are law enforcement officers who are not above coloring the truth and are willing to do so.  Also, many officers who investigate DUI cases are not qualified to administer the sobriety tests, and they make serious mistakes in so doing.  Remember this: If you plead guilty, you have a 100% chance of being found guilty.  If, however, you are willing to fight for your rights, and to contest the prosecution’s case, you will have the best chance of a satisfactory outcome.

TIP:     Pleading Not Guilty at the Arraignment does not mean that you cannot change your mind later.  For this reason, do not plead guilty until you are satisfied that nothing can be done to improve your legal position.  Your attorney will know how to advise you.