A frequently asked question by individuals who are drinking – they want to know what is the best test to take? In the state of Nevada, if you’re pulled over and the police officer has probable cause and what’s known as a reasonable suspicion when they make a stop, by talking about their ability to smell alcohol, they can engage in what’s known as a field sobriety test.
One of the frequent questions asked is do I have a choice if they do what is called a preliminary breath test that is with a device? Under the implied consent law, you’re required to submit to the test. In addition, the field sobriety test will be administered. If the officer then feels that they have a sufficient probable cause, either by failure of the field sobriety test or by failing the preliminary breath test, they’ll take you down to the jail or police station to make a determination of whether you are going to have a breath test or a blood test. And they have to give you that choice if it’s a first offense.
If they suspect drugs, they could do a drug test, a blood test or a blood drop. In addition, if they believe that you have prior convictions for DUI, they can also do a blood drop. There is now no longer an ability to choose to not take the test or to take a test. You have to take a test. Otherwise, they’ll do a forcible blood draw whether you’re pinned by five officers with the extremities. Then the nurse will draw the blood from you.
The decision to take either a breath test or a blood test – generally, it’s presented to be better to take a blood test – a voluntary blood test for purposes of the DUI.