Can You Refuse a Breath Test?

iStock_000016224740SmallCan You Refuse a Breath Test? 

Ever since breath testing devices became widely used by law enforcement agencies in the 1970s, they’ve been controversial. Supposedly, they provide an accurate measurement of the amount of alcohol in a test subject’s blood stream. The reality is more complicated than that.

Several scientific studies have called the accuracy of breath test devices into question. A number of factors can influence the results, making a driver appear to be more impaired than they actually are. This unreliability certainly makes it seem like it might be to your advantage to refuse to submit to a breath test. Should you refuse, Las Vegas police can immediately arrest you and seize your license. They’ll take you to the station for processing and may force you to submit to blood or urine tests. Moreover, the prosecution can use your refusal against you later in court.

In most scenarios, it’s best to take the Breathalyzer test. A good Nevada criminal defense lawyer can investigate a number of possibilities for questioning these test results before your case comes to trial. It may be that the breath test device malfunctioned or that the law enforcement personnel that administered the test did so improperly. The best way to find out is with a Las Vegas criminal defense attorney.