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When Pulled Over, It's Now Mandatory to Take the Breathalyzer Test

Aug 02, 2016

Even though DUI arrests and DUI- related accidents have declined in numbers in the past decade, still one in three deaths are attributed to a DUI accident in the U.S. Drivers on the road are considered alcohol-impaired if their Blood Alcohol Content or BAC is over .08 percent, and the driver is tested by a breathalyzer test right there on the scene to determine if the driver is intoxicated and what the BAC level is.

The way the test has been conducted in the past was the police officer pulled over a driver either for a traffic violation or when there was an accident and administered the breathalyzer test at the scene. But, a misconception led people to think that it was better not to give the breathalyzer test if they knew they were intoxicated and would register above .08 BAC.

Recently, in Las Vegas, an amendment was passed that allows the officer to draw blood forcibly from a suspect who is refusing to take the state-administered breathalyzer test. This amendment that will assist Metro Police incredibly determining responsibility for accidents and violations on the streets of Clark County.

With the law behind them, officers will either receive the suspect’s consent or they will get a search warrant to take a person’s blood. This is applicable to every driver and doesn’t refer only to serious accidents like other states. The wording in this amendment includes every driver.

If you have been charge with a DUI or been involved in a DUI accident, seek legal advice with Cal Potter.

Las Vegas, NV 89102-2314
1125 Shadow Lane Suite 100

Phone: 702-997-1774
Fax: 702-385-9081