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Reno DUI Cases: Breath and Blood Test Evidence

About Breath and Blood Tests

If you have been pulled over by a law enforcement officer for a suspected DUI, then chances are the officer has used a number of non-scientific tests to ascertain your level of intoxication. Referred to as field sobriety tests, officers use these techniques as a way to immediately gauge if a person is intoxicated while operating their vehicle. However, an officer might also use a breath or blood test to more accurately test a suspects blood alcohol content (BAC) at the moment they were pulled over.

While these tests are more scientific in nature, the breathalyzer test in particular, is open to any number of errors. A history of incorrect readings for a particular breathalyzer model or the incorrect administering of the breathalyzer test can lead to a faulty DUI charge. Blood tests are typically more accurate in accessing the suspects level of intoxication at the moment of arrest; however, blood tests are more often used to ascertain if a suspect was under the influence of drugs while operating their vehicle. If you have been tested for a suspected DUI you need a Reno based attorney to challenge the officers use of breath or blood testing.

Call my law firm at (775) 329-1101 for the representation you need.

Common Myths about Drunk Driving Tests

One of the primary tools by law enforcement officers to ascertain whether or not a driver has been driving under the influence, is a set of standardized field sobriety tests. Additional tools consist of blood tests, breathalyzer tests and urine tests. Unfortunately for drivers, there are numerous myths and stories circulating around about these various tests that could cause confusion and lead to a person being placed under arrest. It is important to educate yourself about the laws that pertain to drunk driving tests and driving under the influence. Here is some key information to help debunk 5 of the most common myths about drunk driving tests:

#1: I cannot be arrested for DUI if I am not over the legal limit of 0.08%.

In the state of Nevada, a police officer can place a driver under arrest for DUI if he or she believes the driver to be under the influence of drugs or alcohol. This means that even if you blow less than a 0.08% on a breathalyzer test, you could still be facing charges for DUI if the arresting officer considers that you are under the influence and thus a danger to yourself or others.

#2: I have the legal right to refuse to take blood, breath or urine tests after being arrested for a suspected DUI.

You do not have this right, as Nevada has an "implied consent" law. This means that as soon as you get behind the wheel of a vehicle, you have given your consent to take a breathalyzer test regardless of whether or not you have been placed under arrest. You are also consenting to submit to blood, breath or urine testing if you are arrested by an officer who has probable cause to believe you have been operating your vehicle under the influence of drugs or alcohol. A refusal to submit to testing in either instance will result in your immediate arrest and the officer can use a reasonable amount of force to get the tests administered. The fact that you refused testing can also be used against you in court.

#3: If I fail a drunk driving test I will be convicted of DUI.

This particular myth could not be further from the truth. Failing a field sobriety test, breath test, blood test or other drunk driving test will not guarantee a conviction. There are many reasons an individual might test positive for drugs or alcohol in his or her system. I have completed the same DUI Detection and Standardized Field Sobriety Testing programs that officer are required to go through under a certified NHTSA instructor. Due to my training and experience, I am very effective at cross-examining officers on both their administration of drunk driving tests and their process for determining if a driver is under the influence.

#4: I have the right to speak with an attorney prior to an officer conducting any sort of field sobriety or other drunk driving tests.

You do have the constitutional right to remain silent during question. You also have the right to speak with an attorney after you have been arrested and before you agree to answer any questions. If you are pulled over for a suspected DUI, you do not have the chance to consult with an attorney prior to answering the officer's questions. I generally advise clients to only answer those questions that will help the officer establish your identity. I do not advise volunteering any information and never admit any guilt or wrongdoing. Simply take the tests, remain respectful, and, if the officer places you under arrest, contact my firm prior to answering any further questions.

#5: My driver's license will only be revoked if I am convicted of DUI.

If you are arrested for a suspected DUI and your blood or breath tests show a blood alcohol concentration (BAC) of 0.08% or more, the DMV will be informed and your license will be automatically revoked for a minimum of 90 days. Even in cases where you are acquitted of the charges against you, your license revocation may remain in force. You will not be eligible to receive a restricted driver's license until at least half of the 90 day revocation period has been served. You need to take action with the DMV separately to get your driver's license reinstated after an acquittal or dismissal of charges.

Defending Against DUI and Breath and Blood Test Evidence

I, Walter Fey, have over 25 years of knowledge and experience in cases where officers have given suspects a breath and/or blood test in Nevada. I am familiar with the correct administration of tests, and the common violations and failures to correctly administer these tests. I have an extensive history in defending DUI cases, and can help you in defending against faulty evidence.

If the administering officer has not followed the strict guidelines that are outlined in giving these tests to suspects, then your case might be more complicated to prosecute than previously thought. If you believe your tests might have been given to you in a faulty way then please do not hesitate to call my firm today.

Given a Breath or Blood Test?

Contact my law firm today if you have been charged with a DUI using a breath or blood test in Nevada. 

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Why You Should Choose The Law Office of Walter B. Fey

  1. Quality Defense, Caring Service, Solid Representation
  2. Long Background Serving as a Public Defender
  3. Member of the National College of DUI Defense
  4. Specific Training and Experience in Sobriety Testing
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