As all of the states, Nevada requires evidentiary breath testing for anyone who is arrested for Driving Under the Influence (DUI) in all of its territories. But what really is evidentiary breath testing? How does it differ from other breath tests (or chemical tests)? And can you refuse them? Proceed to read the rest of the post for further information.
Purpose of evidentiary breath testing
From its name, the results of evidentiary breath testing are used as evidence once the case goes into trial. This is different from a preliminary breath testing which is performed when a person is pulled over, an evidentiary breath testing is usually done once under custody and through procedures that guarantee more accurate results. For the defendants that are also suspected to be high on drugs, they are also required to have an evidentiary blood testing.
The results of these tests can be used by the prosecutor to either press the defendant more to the charges or not go ahead with the case. It also is a basis of whether the Department of Motor Vehicles or DMV in Nevada will suspend the driver’s license of the alleged offender or not.
Penalties of refusal to evidentiary breath testing
As we have established, an evidentiary breath testing is vital for the legal proceedings to be completed. Total refusal to this is a violation of law. As according to the Implied Consent Law in Nevada which can be seen in the Nevada Revised Statutes or NRS 484C.160, anyone who drives or has a physical control of a vehicle “shall be deemed to have given his or her consent to an evidentiary test of his or her blood, urine, breath or other bodily substance…”.
Know that through this Implied Consent Law, a police officer could use force against the alleged offender. However, before this happens, they must warn them of the consequences such as the following penalties:
- One-year suspension of driver’s license – this is when the defendant has not refused any chemical tests within seven years
- Three-year suspension of driver’s license – this can be imposed if the driver already had his or her license suspended due to refusal to evidentiary breath testing within seven years
Due to inexperience with how DUI cases work and the confusion caused by the arrest, many defendants make the mistake of refusing an evidentiary breath testing. If you are one of them and you believe that you are falsely accused or not guilty of any charges at all then it is best you have a trusted DUI lawyer by your side.
When someone is charged with a Driving Under the Influence (DUI) in Las Vegas and/or in other parts of Nevada, they do not only get consequences of prison time or fines: a DUI treatment program (or attending a DUI school) is mandated by the court. This is to prevent offenders from doing the same thing again by educating them more about DUI and the threats it could pose both in their and other people’s lives. DUI treatment programs can also vary depending on the frequency of the offense. To learn more, read below.
First and second DUI in Nevada
A defendant against DUI can apply for a treatment program even before the sentencing. For a first time defender, one can only be eligible if they had been verified as an alcohol or drug abuser by a physician (for this matter it’s a physician authorized by the law enforcement), they already spent at least 24 hours in jail for the offense, and they have agreed to shoulder the payment for the treatment. This goes as well for a second DUI in Nevada; the only difference is you need to had served at least five days in jail.
Take note that these treatment programs take time to complete, usually they are three to six months in length which will surely disrupt your daily routine.
Third DUI offense
DUI treatment programs are not available for third DUI offenders due to the fact that the accused is ought to stay for a long time in prison when convicted and because they will attend heftier programs such as a Nevada Victim Impact panel.
There are numerous DUI schools in Nevada that criminal justice attorneys can recommend. It is imperative that you be present in all of your classes as not going or not finishing a DUI treatment program can mean another set of charges. Now, completing your designated DUI treatment programs entails reducing of penalties.
Penalties for DUI in Nevada is imposed not just to punish offenders but also to remind them about the real dangers of DUI that they forget whenever they start drinking or ingesting drugs.
If you ever commit charges of DUI again even after a lengthy DUI treatment program then maybe there really is an inward problem that you need to deal with. However, if you firmly believe that you were falsely accused and you already have learned your ways (thanks to the treatment program), then enlist a DUI lawyer to help solve your case.
Even drivers of commercial vehicles can get penalized of Driving Under the Influence (DUI) in Nevada. This is in line with the State’s zero tolerance policy that guarantees criminal charges for anyone who drives while drunk or under the influence of drugs.
Commercial DUI in Nevada is when a driver of certain commercial motor vehicles such as company cars, cargo vans, limousines, or coaches are found guilty of violating DUI grounds. This is strictly prohibited as it could cause greater damage especially if a particular commercial vehicle is carrying groups of people or important resources. If you are currently facing this situation, here are some of the penalties that you would need to expect.
First commercial DUI offense
Penalties of a commercial Dui in Nevadaare relatively similar to standard DUI sanctions. The only major differences are suspension of license that could go up to three years (if you are transporting hazardous materials) and that you can be barred from being employed as a commercial driver again.
For a first commercial DUI offense in Nevada, the penalties are as follows:
- Two days to six months in jail
- Community service that lasts up to 48 hours to 96 hours
- Fines of $400 to $1,000
- Attendance of treatment programs and a Nevada impact panel
Second commercial DUI offense
When you are finally given the chance to drive again after a commercial DUI in Nevadaand you happened to violate it again within seven years after the first offense, you will be charged with misdemeanor that has penalties of:
- Jail time of 10 days to six months
- Fines amounting from $750 to $1,000 in price
- Treatment programs as found in the first offense
- Possible installation of interlock ignition device
Third commercial DUI offense
Just like any other criminal charges, a third commercial DUI offense is a felony in Nevada, specifically a category B felony. This incurs weighty penalties of imprisonment in a Nevada state prison for one year to six years. Large fines and ignition interlock device installation shall also be enforced.
When death occurs in a commercial DUI in Nevada(for an example, a woman dies in a fatal crash of the taxi she was riding because the driver is intoxicated), an automatic category B felony should be imposed regardless of the number of offenses. This type of felony charge consists of 20 years of maximum prison time.
Commercial DUI is exceptionally harsh because you are providing service and drinking or taking drugs during driving will subdue the trust given to you. Consult a DUI lawyer now for more of your questions about commercial DUI in Nevada!