Nevada Man Faces a Second Prison Term for Felony DUI Charges
Last month a 64-year-old man from Gardnerville was arrested for allegedly driving under the influence. He submitted to a preliminary breath test, which showed a BAC of .255--over three times the legal limit, which is less than .08. He had already been convicted of felony DUI over a decade ago, which causes all successive DUI incidents to be treated as a felony as well.
If you're arrested on suspicion of DUI in Nevada, you're presumed to have given implied consent to submit to an evidentiary chemical test. Nevada chemical test refusal law provides harsh consequences for not agreeing to take an evidentiary test when it's required: Nevada chemical test refusal law mandates that your license be suspended for one to three years, and the officer may use force to make you submit to a blood test. That you refused the test can also be introduced as evidence at trial.
If you're arrested on just a first or second misdemeanor DUI and the cop suspects you're intoxicated with only alcohol and not drugs, Nevada chemical test refusal law allows you to choose between taking a breath test or a blood test. If your breath test registers a BAC of .08 or above, your license will be confiscated right away. If you take a blood test, your license can't be confiscated until the results come back positive, which may take several weeks.
For more on this story: http://www.recordcourier.com/article/20100603/NEWS/100609925/1062&ParentProfile=1049
