Frequently Asked Questions

While it is true that if BAC is not taken within 2 hours of driving, the case gets more difficult to prosecute because the BAC result will not likely be admissible, and it may not be a guaranteed dismissal. DUI cases are highly fact-based, and an attorney should go over the facts of your case and let you know what the potential strengths and weaknesses of a case are. Nevada does allow prosecution based on an “under the influence” theory which does not require BAC results but instead looks at the driving pattern, signs, and symptoms of intoxication, and performance on the field sobriety tests.

This is a three-part question really. First, you do not need to participate in the FSTs, these are used to gather information and evidence as to whether you are intoxicated. Few people pass these tests, especially if they have been drinking or using controlled substances. The problem with not doing the FSTs is you will probably still be arrested, but you haven’t given them any further evidence. The roadside breath test (PBT) is not admissible at trial but will be used to develop probable cause for arrest. You can refuse, but beware, a refusal will result in the suspension of your driving privileges. Finally, an evidentiary test (breath or blood) is admissible in court and can be refused. If the evidentiary test is refused, you will lose your driving privileges, and the officers will be able to request a seizure order from an on-call judge. This will allow them to still take your blood, even against your will.

Domestic Battery in Nevada is one of the few misdemeanor cases that carry a mandatory minimum sentence. (1st offense: 2 days in custody, 48 hours of community service, a $200 fine plus court assessments, a $35 Domestic Violence fee, and 26 weeks of Domestic Violence Counseling). Domestic Violence is also enhanceable, meaning it gets worse if you picked up future cases, eventually resulting in a felony if convicted of 3 in 7 years. The maximum penalty for most misdemeanors in Nevada is 180 days in jail and a fine of $1000.00. Other conditions may be placed on defendants as the court deems necessary.