Las Vegas DUI Breath Test Attorneys
In the state of Nevada, you can be convicted for drunk driving if your blood alcohol content (BAC) is .08 or above (.04 for commercial drivers, and .02 for drivers under 21). It does not matter if you are actually impaired or even if you perform a sobriety test perfectly. Having a BAC above the legal limit is considered intoxication per se.
If you have been accused of driving under the influence of alcohol or other drugs, you could be facing harsh legal and financial consequences. To learn more about breath testing and how to fight breathalyzer results in court, call Las Vegas breath test defense lawyers Palmer & Associates, P.C. at 702-888-2222.
Your Rights as a Driver
If you are pulled over and the police suspect you are intoxicated, they will likely want to administer a BAC test using a handheld device that you breathe into. This kind of test is known as a roadside breath test or preliminary alcohol screening (PAS). You have the right to refuse to take this test. Unfortunately, this refusal may not prevent you from being arrested if the police suspect you are intoxicated.
Once at the station, the police may want you to take a breathalyzer, or they may even want to administer a blood or urine test. At this point, you will need to comply. Our state follows the legal doctrine of “implied consent”: by getting behind the wheel after consuming alcohol or drugs, you are consenting to chemical testing. The police may use “reasonable force” to administer the test.
Fighting the Breath Test in Court
Even if you fail the breathalyzer test, the situation is not hopeless. An experienced attorney can help you fight these test results in court. Roadside breath tests, for example, are not admissible in court. Even breath tests given at a police station can be contested. If the breathalyzer machine was improperly calibrated, or if the officer operating the machine was not properly trained, the results may be invalidated.
Contact Us
If you are concerned about breath test results and their effect on your case, we can help. Protect yourself from unfair accusations and severe penalties by contacting Las Vegas DUI defense attorneys Palmer & Associates, P.C. at 702-888-2222.