goodman law group

Requirements of an Evidentiary Breath Test

Attorney Ross Goodman
520 S 4th St,
Las Vegas, NV 89101
Phone: (702) 383 – 5088
Fax: (702) 385 – 5088

evidentiary breath test

There are two types of Breath Test for people who are suspected of committing DUI in the state of Nevada: the preliminary breath test and the evidentiary breath test. Anyone who failed the preliminary breath test must submit to an evidentiary breath test. An evidentiary breath test is used to prove that the person is driving under the influence of alcohol. It is done in the police station.

If you are charged with DUI and the police requires you to submit into an Evidentiary Breath Test, consult with DUI Defense Attorney Ross Goodman as soon as possible. This will assure you that the test is done accurately.

According to NRS 484C.200, there are certain requirements that need to be met before the result of an Evidentiary Breath Test can be considered valid.

  • It can be done only if 2 consecutive samples of the person’s breath are taken.

Failing 2 consecutive breath samples means that the person also failed a preliminary breath test (PBT) “twice”. The breath test must also be taken consecutively. This means that if the person failed the first test but he passed the second test, an evidentiary test will be rendered invalid.

  • The difference between 2 consecutive samples is less than or equal to 0.02.

If the result of the other same is more than 0.02 that the other, it will render the person invalid for an evidentiary test.

  • If the difference between 2 consecutive samples cannot be evaluated, i.e. the first or second test showed an error, a third test may be performed.

The difference of the third evidentiary test and the first or the second test, whichever is possible, must be equal or less than 0.02.

  • If the result of the third test cannot be obtained or is invalid, a fourth test can be administered.

According to Nevada’s law, the fourth test must be a “blood test”.

  • If the person failed to provide a valid sample of the second or third test, or if the person refuses to submit to a fourth test, the first test can be used to establish a valid alcohol concentration level.
  • If the person refuses or fails to provide a second or third sample, or if the person fails to submit to a fourth test, the police officers are allowed to use a reasonable force to obtain a sample from him

Remember that a prominent DUI lawyer can help you win a DUI case. Ross Goodman has an extensive experience on defending DUI cases. He can reduce the penalties for your case or even convince the court to dismiss your case. Contact his office at (702) 383 – 5088 for a free legal consultation.

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