About Breath and Blood Tests
Las Vegas DUI Lawyer
If you are stopped at a checkpoint or in a police traffic stop and arrested
for DUI, under NRS 484.180 (2011), you are considered to have given "implied
consent" to submit to chemical testing to determine your
blood alcohol concentration. Therefore a person who is suspected of DUI does not legally have the
freedom to refuse to take a chemical test at the jail or booking area
without penalty. Negative consequences of refusing to submit to chemical
testing include suspension of driving privileges for one to three years.
Additionally your refusal may be taken as an admission of guilt by the
judge or jury if your case goes to trial. If you have "failed"
a chemical test or refused to submit to testing, you should consult a
knowledgeable Las Vegas DUI lawyer at once.
The most common method of testing for alcohol is the breathalyzer test
but in some circumstances a blood or urine test may be done. The breathalyzer
test reputedly gives a reading of your BAC (Blood Alcohol Concentration)
level. If the test registers a BAC of .08 or above, you will be charged
with a DUI offense. This does not necessarily mean you will be found guilty.
With the assistance of a determined
Las Vegas DUI attorney you can increase the possibility of avoiding the harsh penalties which
come with a conviction.
DUI Defense Attorney in Las Vegas
There are a number of factors which prevent an accurate reading. In fact,
a good percentage of breathalyzer test results are inaccurate. Malfunction
because of a lack of proper maintenance of the equipment, an improperly
trained technician, and allowing too much time to elapse between the time
of the arrest and the time of administering the test are just a few examples.
At the Law Office of Chip Siegel, we fully understand the strict procedure
which must be followed during testing. Any deviation can produce an invalid
reading which would mean the results of the test could not be used against
you in court. We do not hesitate to challenge the prosecution's evidence
in order to obtain a positive outcome for our client.
If you were previously convicted of DUI within the past seven years, or
you were involved in a suspected DUI accident which resulted in a death
or a serious injury, the officer can order you to submit to a blood test.
If the officer believes that you were
DUI and drugs you may be required to submit to a urine or blood test along with a breath
test. If you refuse to cooperate, the officer can use reasonable force
to obtain a blood sample for testing.
While blood tests are generally considered a more reliable test for alcohol
or drugs than breath or urine tests, they still may be inaccurate. For
example, the use of an alcohol swab to sterilize the area before the blood
draw can result in an artificially high
blood alcohol concentration. Blood draws must be taken within a certain period of time following the
arrest or the blood test results will not reflect the driver's actual
BAC when he or she was behind the wheel. Technicians and laboratory workers
must follow strict protocols to ensure samples are not contaminated or
improperly preserved which can produce an erroneous result. You also have
the right to independent testing. Doing so can provide you and your attorney
with accurate test results which can be vital evidence for your defense.