Blood Testing for Alcohol and Drugs in Nevada DUI Cases

DUI blood testsBlood testing is an invasive way that law enforcement attempts to gather proof that you were driving under the influence of drugs or alcohol in Las Vegas, Nevada. You have rights if you have been stopped for suspicion of driving under the influence, and if those rights are not respected, the charges against you can be reduced or dismissed altogether.

Contact LV Criminal Defense if you have been arrested for drunk driving and the police have required a blood test. You need the assistance of experienced DUI defense attorney in Las Vegas as soon as possible.

When is a blood test required for DUI offenses in Las Vegas?

The police are not guaranteed the right to test your blood alcohol concentration using a blood test if you are under suspicion for driving while intoxicated.

If you have never been convicted of a DUI before, you should be given the option to take a breath test if you prefer.

If this is your second DUI arrest in seven years, you do not have that option. If the police want a blood test, you must submit to a blood test under Nevada’s implied consent law[Link] , which does not give you the right to refuse a blood alcohol test .

Who can lawfully draw blood in a Nevada DUI investigation?

Blood may only be drawn by:

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  • A doctor;
  • A licensed physician’s assistant (PA);
  • Registered nurse;
  • EMT; or
  • A Phlebotomist.

You have the right to request that your blood be taken at a place of your choosing, such as your doctor’s office, but if you choose to do this, you are responsible for the cost of the test.

Can force be used in a Las Vegas blood test for driving under the influence?

If you refuse to submit to a blood test in a DUI investigation, the police officer can use as much force as necessary to get a blood sample. The officer can use force to get as many as three blood samples in a five hour time frame after your arrest.

How is a blood test used as evidence in a Nevada DUI trial?

If blood is taken from a person and the result shows blood alcohol content above the legal limit of .08, this proves that the driver violated Nevada’s DUI law. It may not be so simple, though.If the police and medical professionals do not follow strict procedures while drawing the blood, the evidence may be questioned because it is not reliable. If the blood test evidence is not reliable enough to support a conviction, you may be acquitted at a DUI trial or the charges may be reduced by the prosecutor to reckless driving.

Some of the ways blood testing results can be questioned or even thrown out are:

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  • You were harmed during the test;
  • The equipment was broken;
  • The test was taken too long after the arrest;
  • The test was not done properly by a qualified medical professional;
  • The blood was not stored properly after it was taken; and
  • The blood was contaminated after the fact, which negatively impacted the results.

These are all legitimate defenses to a DUI charge in Nevada, but they are best presented by a skilled Las Vegas defense lawyer.

More Information

A DUI conviction, even if it is your first DUI offense [link], is a serious mark on your criminal record. There are many defenses to DUI charges, so if you have been arrested, do yourself and your future a favor by contacting experienced, aggressive DUI defense attorneys in Las Vegas. You have rights that need protection.