Blood Test Refusal and Search Warrants

Do the Police Need a Search Warrant to Take Blood for a DUI Arrest in Nevada?

When you’re pulled over for suspected driving under the influence (DUI) in Nevada, you may face several procedures, including the possibility of a blood test to determine your blood alcohol concentration (BAC) or the presence of drugs. One of the pressing questions many people have is whether the police need a search warrant to take your blood in a DUI case and what happens if you refuse to submit to a blood test. Understanding your rights in your Las Vegas DUI Defense and the legal implications of these actions is crucial, especially considering the criminal and administrative consequences tied to refusal. This webpage aims to clarify these issues, providing valuable insights for anyone facing a DUI charge in Nevada.

At Hofland & Tomsheck, Josh Tomsheck is a Nationally Board-Certified Criminal Lawyer with extensive experience in DUI defense. He has handled hundreds of DUI cases, and his knowledge of Nevada law makes him a trusted advocate for those charged with DUI offenses.

Search Warrants for Blood Tests in DUI Cases

In Nevada, a DUI arrest often involves testing to determine a person’s level of impairment. These tests can include breath, blood, or urine tests. The use of blood tests has been the subject of legal debate, especially when considering whether the police can take a sample without a warrant.

Supreme Court Rulings and Nevada Law

In the landmark U.S. Supreme Court case of Missouri v. McNeely (2013), the Court ruled that, in most circumstances, police officers must obtain a warrant before drawing blood from a person suspected of DUI. This decision emphasized that the natural dissipation of alcohol in the bloodstream does not automatically create an emergency situation that would bypass the need for a warrant.

In Nevada, the police generally need a warrant to take a blood sample from a DUI suspect unless there are specific exceptions. These exceptions may include:

1. Exigent circumstances: If the situation is time-sensitive and waiting for a warrant would significantly hinder the investigation, the police may argue that there are exigent circumstances allowing them to take the blood sample without a warrant.
2. Consent: If the person agrees to the blood draw, the police can proceed without a warrant. However, consent must be voluntary and not coerced.

In practice, Nevada law enforcement officers often seek a warrant if they intend to perform a blood test in a DUI case, particularly if the suspect refuses the test.

Implied Consent Law in Nevada

Nevada operates under an implied consent law, meaning that by driving on Nevada roads, you implicitly agree to submit to BAC testing if suspected of DUI. However, following recent legal changes and court rulings, police are now required to obtain a warrant for blood tests if you refuse to comply voluntarily.

Under Nevada Revised Statutes NRS 484C.160, if a person refuses a breath test, the officer can request a search warrant from a judge to take a blood sample. Nevada’s laws ensure that a warrant must be obtained, safeguarding your Fourth Amendment rights against unreasonable searches and seizures.

Consequences of Refusing a Blood Test

Refusing to submit to a blood test during a DUI investigation can have significant consequences. In addition to the consequences of a DUI conviction, there are administrative considerations as well. 

Administrative Consequences

One of the most immediate repercussions of refusing a blood test in Nevada is the administrative penalty imposed by the Department of Motor Vehicles (DMV). Under Nevada’s implied consent law, the refusal to take a blood or breath test results in an automatic driver’s license revocation. Here’s what you need to know:

• First Refusal: A first-time refusal to submit to a blood test will result in a one-year driver’s license Revocation. This is an automatic administrative penalty and does not require a criminal conviction to take effect. The Revocation applies regardless of whether you are ultimately found guilty of the DUI charge.
• Second Refusal (within seven years): If you refuse a blood test for a second time within seven years, the Revocation period increases to three years.

The administrative license Revocation can be contested through a DMV hearing. Josh Tomsheck has successfully represented clients in these hearings, advocating for their right to maintain driving privileges while their DUI case is pending.

Fighting a DUI Refusal Case in Nevada

If you have refused a blood test in Nevada, all is not lost. Josh Tomsheck is an experienced Las Vegas DUI defense attorney who knows how to challenge the legality of the arrest, the warrant process, and any procedural errors made by law enforcement. Key defense strategies may include:

• Challenging the warrant process: If the police obtained a warrant for your blood test, Josh Tomsheck can examine whether the warrant was properly issued. Any irregularities in how the warrant was obtained can be grounds for dismissing the evidence.
• Questioning the validity of the stop: If the police did not have reasonable suspicion to stop your vehicle, any evidence collected afterward, including a blood test, may be inadmissible in court.
• Arguing procedural violations: The police must follow strict procedures when conducting DUI investigations. Josh Tomsheck can investigate whether proper procedures were followed, from the traffic stop to the administration of any field sobriety tests and breath or blood tests.

Conclusion: Get Expert Legal Help from Hofland & Tomsheck

If you have refused a blood test during a DUI arrest in Nevada, it’s crucial to understand your rights and the potential consequences. The decision to refuse a blood test can lead to severe penalties, including the Revocation of your driver’s license and increased criminal charges.

However, with the right legal representation, it is possible to challenge the circumstances of your arrest and build a strong defense. Josh Tomsheck of Hofland & Tomsheck is a nationally recognized criminal defense attorney with extensive experience handling DUI cases. He has helped numerous clients fight DUI charges and protect their rights in court.

Contact the Las Vegas DUI Defense Lawyers at Hofland & Tomsheck today for a free consultation to discuss your case. We will help you understand your legal options and develop a defense strategy tailored to your situation. Let us fight for your rights and work toward the best possible outcome for your case.