Changes to Nevada’s Implied Consent Statute
Now require Police to obtain a search warrant before taking a persons blood.
Before the recent US Supreme Court opinion in McNeely was announced a law enforcement officer in Nevada, who had reasonable grounds to believe that a person was driving or was in actual physical control of a vehicle on a public road while under an alcoholic beverage or a controlled substance’s influence, could forcibly take blood to determine if his suspicion was correct. A person did not have a right to refuse an evidentiary test of their blood.
How was this legal you might ask? Under the Implied Consent Law in Nevada the person was deemed to have consented to an evidentiary breath or blood test, at the officer’s discretion, to determine whether a controlled substance or alcoholic beverage was present.
But now the days of police officers holding down a person who is suspected of being under the influence of alcohol while operating a motor vehicle and taking their blood by means force are over, and police officers must first obtain a warrant before they take your blood.
If a warrant is not obtained and you do not consent to the blood draw a police officer would be illegally seizing your blood in violation of the constitution and Federal Law. Any Court in Nevada should not tolerate this illegal blood draw and this violation of the law could lead to a dismissal or reduction of your DUI charge.
PENALTIES FOR DUI IN NEVADA:
For the first offense within 7 years, the Court will order the person to the following:
pay tuition for an educational course on the abuse of alcohol and controlled substances and order the person to complete the course within a six month period
sentence the person to imprisonment for not less than 2 days nor more than 6 months in jail,
to perform not less than 48 hours, but not more than 96 hours, of community service while dressed in distinctive garb that identifies the person as having violated the law.
Fine the person not less than $400 nor more than $1,000; and
If the person is found to have a concentration of alcohol of 0.18 or more in his or her blood or breath, order the person to obtain an alcohol evaluation (which could lead to a recommendation by an alcohol counselor that you attend AA meeting or additional Alcohol therapy)
For a second offense within 7 years, is guilty of a misdemeanor, the court shall:
Sentence the person to:
Imprisonment for not less than 10 days nor more than 6 months in jail; or
Residential confinement for not less than 10 days nor more than 6 months,
Fine the person not less than $750 nor more than $1,000, or order the person to perform an equivalent number of hours of community service while dressed in distinctive garb that identifies the person as having violated the law.
Order the person to attend a program of treatment for the abuse of alcohol or drugs.
For a third offense within 7 years, The person is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and shall be further punished by a fine of not less than $2,000 nor more than $5,000.