The laws in Nevada are being changed or amended by lawmakers and courts. It is important for everyone, whether or not you have been charged with a DUI, to learn the recent changes in DUI law. If you or your loved one has been arrested for driving under the influence, it’s recommended to contact the Las Vegas Defense Group or another experienced DUI law firm with in-depth knowledge and vast experience in handling DUI-related cases.
Recent DUI law amendments
Nevada’s implied consent law (NRS 484C.160) previously allowed the law enforcement officers to use a ‘reasonable force’ to acquire a warrantless sample from someone suspected of drunk driving but refuses to consent to the necessary tests. However, this isn’t the case currently. A police officer can only request a suspected drunk driver to submit to an evidentiary test. The officer must have sufficient reason to believe that the driver was either in actual control of a vehicle or driving it while under the influence of alcohol or a controlled substance.
If the driver doesn’t consent to the evidentiary test, the officer should get a warrant signed by a judge. Unfortunately, your driver’s license will be affected negatively. Note that the police officer can request various types of evidentiary tests based on the nature of your case. Those tests include breath or blood tests to determine the level of alcoholic content in your breath or blood. These tests could also be used to detect the presence of a chemical, organic solvent, controlled substance, poison, or any other illegal substance.
Nevada’s State Legislature voted in favor of the 2015 Assembly Bill 67. This new law made various amendments to the implied consent scheme. It requires that if someone suspected of drunk driving refuses to submit to the necessary evidentiary blood test, the driver’s license should be revoked for a specific period. Also, the officer should apply for a warrant or any other court order that directs the use of ‘reasonable force’ to acquire a blood sample from the suspected drunk driver.
Besides, the 2015 Assembly Bill 67 allows the revocation of your driver’s license if an evidentiary test indicates a detectable amount of alcohol or controlled substance in your urine or blood which you don’t have a valid prescription for. NRS 484C.220 requires that your privilege or permit to the driver should be revoked. You will be ineligible for a driver’s license, privilege, or permit to drive for at least 90 days.
Lastly, the AB 67 corrected an issue that was being litigated in DUI cases concerning an individual asleep in a car that’s not being driven. It states that the individual should not be perceived to be in actual control of the car if;
- He or she is asleep inside the car
- The person isn’t on the driver’s seat
- The vehicle’s engine isn’t running
- The vehicle is parked lawfully
- Based on the facts presented, the accused could not have driven the car to its current location under the influence of alcohol or a controlled substance.
In case a police officer asks you to pull over on suspicion of drunk driving, you already know what the law says. Also, remember to contact your attorney immediately.