DUI

If an officer stops you and believes that you have been drinking, they will likely ask you to submit to a breathalyzer test. A breathalyzer is a small device that tests someone’s breath, estimating blood alcohol content (BAC).

It may appear as though you can simply refuse to take the test, and everything will be fine. Many states, however, have implemented “implied consent” laws that essentially force people to take the test. Nevada is one of these states. Failing to do so could result in legal consequences. These consequences for refusing can be serious, and they range from fines to outright license suspensions.

Here is a broad overview of how Nevada handles breathalyzer tests, what happens if you refuse one, and whether it's wise to do so.

Implied Consent Laws and Breathalyzer Tests

Implied consent is the assumption that drivers have consented to breathalyzer testing when they are suspected of drunk driving. Essentially, a driver is using public roads, so they are subjected to public safety standards, including a DUI test.

The Penalties for Refusing a Breathalyzer Test in Nevada

In Nevada, refusing to take a breathalyzer test is an offense under the state’s implied consent law. The law treats refusal as evidence that you’ve been drinking and are consciously attempting to avoid arrest.

If a driver refuses a breathalyzer test, they may suffer:

• Possible jail time
• Fines up to $1,000
• A license suspension of up to 90 days
• The police could even take you into custody until you consent to testing.

The authorities can also elevate these penalties if you have prior DUI convictions.

How Can You Refuse a Breathalyzer Test Without Getting Into Trouble In Nevada?

Refusing a breathalyzer test in Nevada can come with legal consequences, but you are within your rights to do so.

For the police officer to administer the test, they must first read a statement notifying you that refusal is illegal and will result in additional charges. To refuse, simply tell the officer that you are aware of your rights, and you choose to decline the breathalyzer. Remember to remain polite and compliant. You don’t want to give them reason to pin any other allegations onto you.

Most likely, you will suffer some of the consequences outlined above when you refuse. However, you could be able to avoid a full-blown DUI charge. Make sure to contact an attorney as soon as possible after a breathalyzer refusal.

Measures to Take After Refusing a Breathalyzer Test in Nevada

If you refuse a test, you will probably suffer some penalties.

However, you may be able to take the following steps to avoid further trouble:

• A plea agreement
• Probation programs
• Enrollment in alcohol safety classes

Before taking any of these deals, consult with an attorney. They can help make sure the deal is fair and just, and they may be able to keep even these penalties at a minimum.

The Law Offices of Kenneth A. Stover has years of experience defending clients against DUI allegations. We know all of the potential penalties you could face for refusing a breathalyzer test, and we can help you negotiate a reasonable alternative.

For a free consultation, call us now at (775) 502-1575 or contact us online.

Getting accused of driving while intoxicated can have a tremendous impact on your life. Not only can it affect your freedom, as you could serve jail time and lose driving privileges, but it can also affect your personal life. Due to the stigma around DUI allegations, you could lose friendships or even your job.

Breathalyzers and other DUI tests are not always accurate. You could be well within the legal limit and still find yourself arrested.

Considering these facts, here are some tools you can use to avoid being accused of drunk driving altogether.

Know the Legal Limit

Knowing the laws around drinking and driving is an important part of keeping yourself safe.

Paying attention to how much alcohol you consume before getting behind the wheel is essential. Most states set a limit of 0.08% blood-alcohol content (BAC) to legally operate a vehicle. There are various smartphone apps you can download that will estimate your BAC, and some online stores even have miniature breathalyzers you can put on your keychain.

If you feel impaired at all, even just a little buzzed, your best bet is to avoid driving altogether. Doing so can keep you out of trouble, and it can help keep you and those around you safe.

Use a Designated Driver

The most effective way to avoid a DUI is, quite simply, not to get behind the wheel if you’ve had anything to drink.

If you’re going out for a night of fun and planning to drink, make sure you have one person with you who pledges to remain sober. This person should avoid all intoxicants throughout the evening, meaning they cannot consume even one drink. At the end of the night, the sober party will drive you back home. To keep it fair, you can switch roles every time you go out. You can be the driver on one outing, then them the next, and so on.

Utilize Public Transportation or Ridesharing

Consider taking public transit, or use a ridesharing service like Uber or Lyft.

Public transportation is an eco-friendly way to get around, which is an added bonus. Often, it also uses safety measures such as cameras and other monitoring systems.

Using other available transport is generally safer than walking home as well, especially if you’ve been drinking.

Reach Out for Help

Sometimes, events just get away from you. You think you’ve been monitoring your drinking, only to realize you are in no condition to drive. If you think you may be heading for a DUI, ask for help from friends or family members instead of getting behind the wheel.

Doing so can be embarrassing, especially if you have to reach out to your parents. Also, let’s be realistic. No one wants to drop what they’re doing to go pick up a drunk friend.

However, consider the alternative. You could spend the night in jail, and you could cause a bad situation for others. Yes, the person you contact might be annoyed. We would bet, however, that they would prefer you get home safe and avoid an arrest.

Even if you take all the right steps, the police might still accuse you of drinking under the influence. The Law Offices of Kenneth A. Stover can help defend you against such allegations. If you need help, schedule time with our team by calling (775) 502-1575 or contacting us online.

Across the nation, we are seeing the rise of “sober bars.” These places serve a variety of drinks. They feature special coffee concoctions, but they also have kava and kratom teas on tap.

For the moment, all of these drinks are legal, and as far as we know, they are non-addictive. However, they are both mood and mind altering. Kava has a sedative effect on most consumers, and many forms of kratom do the opposite, resulting in deep focus and bursts of energy.

Some believe that these substances can impair your driving, and tests appear to back up this claim. Whether or not a substance is legal, if it influences your driving behavior, you could be arrested for driving under the influence. Typically, the cops would file this arrest as being under the influence of drugs, sometimes called a “DUID.”

Here are some methods the police can use to arrest you with a DUID, even if you haven’t consumed an illegal narcotic.

Police Rely on Their Intuition

Police have many methods to arrest someone with a DUI. They have breathalyzers that can approximately guess how much alcohol someone has consumed, and blood tests are even more accurate.

When it comes to driving under the influence of drugs, police have much less evidence at their disposal. No breath tests will reveal whether someone is on pills or cocaine, and blood tests aren’t much more reliable. Testing does not cover the vast spectrum of drugs someone could consume. Even positive results are unreliable. Only trace amounts can appear, meaning a driver could be sober and still arrested with a DUID.

Because of this lack of evidence, police are allowed to use their gut instincts in a DUID arrest. They can simply look at someone’s eyes or judge their behavior, assume that person is high, and accuse them.

Police Rely on Your Words

The right to remain silent allows people to avoid confessing to a crime. It’s also helpful for the innocent. When the police want to secure an arrest, they can use any piece of evidence, no matter how minor, against you. In fact, the Miranda warning clearly states that they will.

It’s easy to misspeak and use just the wrong combination of words that will get you in trouble. That’s why you should not answer any questions when you’ve been pulled over. It may be necessary to divulge your name, address, and other basic information. You have no obligation to tell them anything else.

Police can connect your driving behavior to any outside substance. If you tell them that you came from a sober bar where you drank three cups of kava, they can assume that you are under the influence and arrest you.

On the other hand, if you stay silent, they could only accuse you of breaking traffic laws. This could result in anything from a speeding ticket to a reckless driving charge. Reckless driving is a serious accusation, and you should fight it in court. However, it still isn’t as bad as a DUI or a DUID.

Law Offices of Kenneth A. Stover is here for people accused of driving under the influence. If you need help with a DUI or a DUID charge, contact us online for a free consultation. You can also call us directly at (775) 502-1575.

Your right to remain silent is one of the most important aspects of our justice system. It keeps you from implicating yourself in an accusation, and the police can’t use your words against you. They will do just that, and they warn you upfront. Part of your Miranda warning states that “anything you say can and will be used against you.”

Your right to remain silent extends to traffic stops. When the police pull you over, you should give them your basic information like your name and ID. Other than that, you are not obligated to answer any other questions.

If you speak during a traffic stop, you could be accused of a DUI.

Police Use Tricky Language

If you think about it, there is a subtle difference between these two questions:

• “Have you had anything to drink tonight?”
• “How much have you had to drink tonight?”

Police need a reason to arrest you for a DUI. Sometimes, they can rely on their assessment of your behavior, but they know that is flimsy evidence. The more ammunition they have against you, the more likely they are to assume you have been drinking.

Cops often use questions like the second one, “How much have you had to drink?” to trap you. If you give them an answer that indicates you’ve been drinking at all, they have all the evidence they need. It doesn’t matter if you had one drink hours ago and a full steak dinner since. When police can link your behavior to drinking, they can arrest you.

Police Can Blame Your Driving on Virtually Anything

A DUI is not exclusive to alcohol consumption. You could be arrested for being high on drugs, pills, and the like.

Technically, anything that impairs your driving could result in a DUI arrest. This is another reason why it’s important to stay silent. Police could use anything, regardless of its legality, to accuse you. You could be drinking kava tea, taking antihistamines, or simply having too much coffee. If the cops believe an outside substance impaired your driving, they can secure an arrest.

Once again, just stay silent. Don’t tell the police where you’re going or where you’ve been. Don’t tell them about any medicine you’ve had or anything else you’ve put in your body.

It’s Easy to Make Mistakes

Being questioned by the police is an intense situation. You’re under a lot of pressure, and it’s easy to get confused. You may have temporary problems recalling the answers to questions, which will make you seem inebriated. Even if you are stone sober, you could easily phrase something the wrong way and suddenly find yourself arrested.

The justice system used these technicalities against people for a long time. That’s why, in 1966, the country implemented the Miranda warnings. Staying silent is a way to keep from accidentally implicating yourself. Whenever you are under suspicion of anything, just remain quiet. Your attorney will do the speaking for you.

The use of kava tea is becoming increasingly popular across the nation. In Reno, it’s easy to find a kava spot to sit and relax. Kava is a sedative tea, and it is often served in a bar setting. People sometimes refer to these spots as “sober bars,” but that label isn’t quite accurate. Kava has a numbing effect on both the mind and the body.

Thus far, the law has mostly stayed away from regulating or outlawing kava, but drinking kava and driving could have serious consequences. It may slow down your reaction times, creating a hazard on the road. Furthermore, it could have legal consequences.

We don’t encourage you to drink kava and drive, but doing so is still technically legal. Even so, police could use kava to arrest you for a DUID (driving under the influence of drugs) charge.

Here are some important facts about the legality of drinking kava and driving.

There Is Currently No Testing for Kava

There are ways to test for kava in the system. Currently, however, authorities have not included those tests in DUID arrests. Blood tests for narcotics can generally show traces of cocaine, heroin, meth, and so forth.

Therefore, if you are accused of driving under the influence of kava, there will be no conclusive proof of the accusation. This will be helpful in your case, as the evidence could boil down to your word vs. the police’s.

Not All Illegal Drugs Show Up in Testing

The conclusion above will help your case, but it may not completely protect you. Many drugs don’t show up in testing, but if the police believe your driving was impaired, you could still be charged and convicted of a DUID.

Using perfectly legal prescription drugs, for instance, could still result in a DUID arrest. If anything impairs your driving, the results could be the same. Police could, theoretically, charge someone with a DUID if they had too much coffee and drove erratically.

Getting Pulled Over After You’ve Had Kava

Since drug testing doesn’t reveal all possible drugs, police rely heavily on their judgement in a DUID arrest. They keep a close eye on a driver’s behavior, dilated pupils, and so forth.

If you’ve had any kava, even just a sip, and you get pulled over, remain silent. You may need to answer some basic questions like your name and address, but beyond that, you have no obligation to tell the police anything. Don’t answer questions about where you’ve been or where you’re going. Don’t fall for questions like, “What are you on right now?”

Don’t give the police any reason to believe your driving was impaired. Even if you’ve got an open cup of kava in the cupholder, don’t answer any questions about it.

If your driving was erratic, the police may be able to charge you with reckless driving. This is a heavy charge, and it requires a legal defense. It is not, however, as bad as a DUI or a DUID.

If you’ve been charged with a DUI or a DUID, call our firm at (775) 502-1575 right away. We can act fast, and we may be able to prepare a defense for you. You can also use our online contact form.

Being pulled over on suspicion of driving under the influence can be an anxiety-inducing experience. Remaining calm and following the steps outlined in this article can help.

Thinking Ahead & Acting Accordingly

When someone is pulled over on suspicion of driving under the influence, their behavior during the traffic spot can influence the outcome of the investigation. Following these steps can help you avoid making the situation worse:

• Pull over safely: As soon as an officer turns on their lights to pull someone over on suspicion of DUI, they will be paying attention to every move the driver makes. If someone pulls over erratically, long after the officer turns on their lights, or in an unsafe manner, the officer’s suspicion may increase. Drivers should use their turn signal and pull over cautiously.
• Stay in the vehicle: Once they’ve pulled over, drivers should remain in their vehicle unless instructed otherwise. Their hands should be placed on the steering wheel where they are visible to the officer.
• Don’t make sudden movements: Officers are on high alert when they pull someone over. Sudden movements from the driver could give the officer reason to believe the situation is dangerous.
• Be polite to the officer: Traffic stops tend to be easier when the person being pulled over is polite to the officer and treats them with respect. Being rude or noncompliant is not in the driver’s best interest.
• Do not admit to drinking: It is a driver’s constitutional right to remain silent. As such, it is acceptable for a driver to tell a police officer that they only feel comfortable speaking in the presence of an attorney. Approaching the situation in this manner will prevent drivers from making incriminating statements.
• Do not consent to field sobriety tests: The National Highway Traffic and Safety Administration recognizes three types of field sobriety tests; the walk-and-turn test, one-leg stand test, and horizontal gaze nystagmus test. These tests are notoriously easy to fail, and even some sober people are incapable of passing them. Failing these tests is likely to reinforce an officer’s belief that a driver is intoxicated, so you may want to exercise your right to refuse the test.
• Do not consent to a PAS: A PAS, also known as a preliminary alcohol screening device, is used to test a driver’s breath to determine a preliminary blood alcohol concentration. A PAS test administered by an officer on the scene is intended to help the officer determine whether there is cause for arrest, but it is not as effective or accurate as the tests that will be run at the station. You are not required to consent to a PAS test.
• Take the tests at the station: If someone refuses to take the blood alcohol concentration tests once they arrive at the police station or hospital, their driver’s license will be automatically suspended for a full year. It’s also worth noting that an officer can get a search warrant for the testing, so it’s unlikely that refusal will prevent the tests from happening.
• Contact an attorney: Anyone who has been pulled over and arrested on suspicion of driving under the influence should contact an experienced DUI attorney as soon as possible. Attorneys can help by collecting evidence, searching for police errors, and more. They can be invaluable when it comes to preventing the long-term consequences of a DUI arrest.

Fighting On Your Behalf

If you’ve been arrested for a DUI and need legal counsel, contact the Law Offices of Kenneth A. Stover today. Our legal team has an in-depth understanding of toxicology and the procedures used in DUI cases. Call us or contact us online for your free consultation.

In the United States, driving is a privilege, and each state has the ability to revoke that privilege if they feel a driver has acted irresponsibly. Licenses are issued based on certain requirements and with certain rules in place. Failing to meet those requirements or breaking the rules can lead to losing a license. Penalties are especially strict for drivers who lose their privileges due to a DUI. The loss of driving privileges can be devastating for certain people and getting them back can be difficult. However, it is a possibility in some cases, and certain legal strategies can be used to help aid in this process.

Driver’s License Requirements in Nevada

Each state has distinct requirements for issuing driver’s licenses. In the state of Nevada, the requirements to receive a driver’s license are as follows:

• First, the person seeking a license must apply for a Nevada Instruction Permit, which is the steppingstone to a full Driver’s License. To be eligible for the permit, a person must:
  • Be able to provide proof of their identity
  • Live in the state of Nevada and provide a Nevada address
  • Inform the Department of Motor Vehicles of any preexisting permits or identification cards
  • Apply for the permit in person at a Department of Motor Vehicles location
  • Pay the required fees, which are applicable to testing and the permit itself
  • Pass a vision test
  • Pass a written knowledge test
  • Have their picture taken
• If the applicant is younger than 18, they must complete a driver’s education course. This requirement can be fulfilled by taking a course and completing 50 hours of supervised driving, or solely by 100 hours of supervised driving.
• After a permit is granted and all requirements have been met, an applicant can take a driving skills test to receive a full driver’s license.

Why Would Someone Lose Their Driving Privileges?

To ensure that roads are safe for all drivers, the state of Nevada penalizes those who drive under the influence, who do not maintain their vehicles in a safe manner, and/or who otherwise endanger other drivers. In some cases, the state will remove someone’s driving privileges as punishment. Here are the most common reasons driving privileges are revoked:

• Driving under the influence: Anyone caught driving under the influence of drugs or alcohol will have their license suspended. The duration of the suspension depends on how severe the violation was.
• Refusing a chemical test: If someone is pulled over on suspicion of a DUI and they refuse to comply with chemical testing, their license will be suspended.
• Driving without a license: If someone is driving without their license on them, their driving privileges can be suspended.
• Driving with a suspended license: Anyone caught driving with a license that has already been suspended will see the duration of their suspension increase, and they may receive a prison sentence of up to 5 years in length. The amount of time added to their license suspension will depend on why their license was initially suspended.
• Driving uninsured: Proper insurance is a legal requirement for all vehicles in Nevada. If a driver is caught operating an uninsured vehicle, their license may be suspended.
• Violating driving-related laws: If someone engages in any activity that qualifies as reckless driving, if they are at fault in certain accidents, if they are involved in street racing, and more, they can find themselves with a suspended license.
• Failure to pay: If someone fails to make payments on certain government-mandated accounts, such as child support, traffic tickets, or car registration, their license may be suspended. This also applies to anyone who tries to pay these fees with a check that bounces.
• Disqualification due to physical or psychological reasons: If the DMV determines that a person is temporarily unfit to drive, physically or mentally, they may suspend that person’s license until they have regained the faculties needed to safely operate a vehicle. The DMV can order re-evaluations to make such determinations.

License Suspensions Due to DUIs

All drivers convicted of a DUI will face a license suspension; the length of their suspension will be based on a few key factors. These factors include whether it was their first DUI and whether it was considered a felony DUI. Some of the terms regarding license suspensions for DUIs in Nevada are as follows:

• A driver convicted of their first DUI (or first DUI within 7 years) will have their license suspended for at least 185 days. However, many defendants in this situation are allowed to continue driving if they consent to installation of an ignition interlock device in their vehicle.
• A driver convicted of their second DUI within 7 years (including DUIs they received in other states) will have their license suspended for one full year. There is no option for drivers in this situation to continue driving with an ignition interlock device or otherwise.
• A driver convicted of a felony DUI will have their license suspended for 3 years. Many drivers in this situation are allowed to begin driving again after the first year if they consent to an ignition interlock device.

Felony DUI is one of the most serious driving offenses, and the license suspension that follows is the most serious in conjunction. A felony DUI in Nevada could be a 3^rd DUI within 7 years, a DUI that resulted in death or injury, any DUI that happens after a felony DUI conviction, or a DUI that results in vehicular homicide.

Getting a Suspended License Reinstated After a DUI

The process of getting a license reinstated after it was suspended due to a DUI can be difficult, but following the rules laid out by a judge and being patient can help make it happen as soon as possible.

As stated earlier, certain drivers can begin driving again before their suspension is over by opting for an ignition interlock device. However, the driver is responsible for all fees associated with the device, including the $150 installation fee and $75 worth of monthly fees for monitoring and calibrating the device.

Any driver seeking the reinstatement of their license after a DUI-related suspension will have to prove to the DMV that they still hold valid insurance for their vehicle. They may also be required to pass a written test, and they will have to pay reinstatement fees to the DMV.

Restricted License

Some drivers who had their license suspended due to a DUI will be eligible for a restricted driver’s license once they have served half of their suspension. A restricted license will allow eligible persons to drive themselves to their place of work, school, the doctor’s office, and to grocery stores. This option is only available to drivers with ignition interlock devices in their vehicles.

Once the DMV has proof of a device in an eligible driver’s vehicle, they can issue that driver a restricted license. The specific restriction the license will hold is restriction Y. This option is not available to drivers beyond their first DUI conviction.

If someone violates their restricted license, they may face the following penalties:

• A jail sentence between 30 days and 6 months
• House arrest between 2 and 6 months
• Fines between $500 and $1000

Contact an Attorney Today

If you have been pulled over for a DUI and have lost your driving privileges, contact the Law Offices of Kenneth A. Stover today. With over 25 years of experience serving drivers in Nevada, our knowledgeable attorney is ready to fight tirelessly on your behalf to get your driver’s license reinstated. We understand that DUI convictions and losing driving privileges can significantly impact your life for a long time, which is why we make it our goal to re-establish your driving privileges as quickly and efficiently as possible. Contact us for a free consultation today at 775-502-1575 or via our online contact form.