What Happens If You Refuse a Breathalyzer in Nevada?
f you’re pulled over for suspected DUI in Nevada, you might wonder whether you can refuse a breathalyzer test. While it’s a common question, the consequences of refusal are serious—and in many cases, automatic. Nevada has strict laws regarding DUI investigations, including “implied consent” rules that limit your ability to say no.
In this post, we’ll break down what happens if you refuse a breathalyzer in Nevada, what your rights are, the potential penalties, and whether refusal is ever a smart legal strategy.
Understanding Nevada’s Implied Consent Law
In Nevada, NRS 484C.160 establishes implied consent, meaning that by driving on public roads, you’ve already agreed to submit to a chemical test (breath, blood, or urine) if you’re suspected of driving under the influence.
This law applies after you’ve been lawfully arrested for DUI—not necessarily when you’re first pulled over. Once arrested, refusal to take a breath or blood test can lead to immediate and severe consequences.
Can You Legally Refuse a Breathalyzer Test?
Yes—but with consequences.
Nevada allows you to refuse a breathalyzer or blood test, but doing so violates the implied consent law. You won’t be criminally charged for the refusal itself, but the DMV will take administrative action, and police may force testing under a warrant.
What Happens When You Refuse?
Here’s a breakdown of what you can expect if you refuse a breathalyzer in Nevada:
1. Immediate Driver’s License Revocation
1st refusal in 7 years: Automatic 1-year license suspension
2nd or more refusals: 3-year license suspension
This happens regardless of whether you’re later convicted of DUI. You could beat the DUI charge in court and still lose your license.
2. Forced Blood Test with a Warrant
If you refuse a breath test, the officer can request a telephonic warrant from a judge. Once granted, police may use reasonable force to draw blood—even if it means restraining you.
The U.S. Supreme Court (Birchfield v. North Dakota, 2016) ruled that:
Breath tests do not require a warrant.
Blood tests do require a warrant unless there’s an emergency.
3. Your Refusal Can Be Used Against You
In both DMV hearings and criminal court, prosecutors can use your refusal as evidence of guilt, arguing that you refused because you knew you were intoxicated.
Field Sobriety Tests vs. Breathalyzer Tests
It’s important to distinguish between field sobriety tests (FSTs) and chemical tests like breathalyzers:
| Test Type | Can You Refuse? | Consequences |
|---|---|---|
| Field Sobriety Tests | Yes | No penalty |
| Preliminary Breath Test (PBT at the scene) | Yes | None, unless you’re under 21 or on probation |
| Post-Arrest Chemical Test (breath or blood) | Technically yes | License suspension, forced blood draw, evidence of guilt |
Is Refusing a Breathalyzer Ever a Good Idea?
In most cases, refusing a chemical test does more harm than good. While it might deny prosecutors a key piece of evidence (your blood alcohol content), refusal usually results in:
A longer license suspension than a DUI conviction alone
Forced testing anyway
A negative perception in court
However, there are some strategic exceptions:
If you’re absolutely certain you’re over the legal limit and the case against you is otherwise weak
If you suspect the testing equipment is faulty
But these are rare and should only be considered with the guidance of a DUI attorney.
What If You Change Your Mind and Agree to Testing?
In Nevada, changing your mind after an initial refusal still counts as a refusal. Even if you eventually take the test, the DMV will treat it as a full refusal, and the penalties apply.
DUI Defense: What to Do If You’ve Refused
If you’ve refused a breathalyzer test, don’t panic—but act quickly:
Request a DMV hearing within 7 days to challenge your license suspension.
Contact a DUI attorney immediately to help build your defense.
Prepare for both DMV and criminal court cases, as they are separate and have different standards of proof.
Final Thoughts: Know Your Rights and Responsibilities
Refusing a breathalyzer in Nevada comes with serious consequences—both legal and practical. While you technically have the right to refuse, doing so often makes your situation worse, not better.
If you’re facing DUI charges or have refused a test, it’s essential to get legal help right away. An experienced attorney can evaluate your case, fight for your driving privileges, and work to reduce or dismiss the charges against you.
Need Legal Help?
If you’ve refused a breathalyzer or been arrested for DUI in Nevada, you need to give my office a call and speak with a DUI defense lawyer as soon as possible to protect your rights and your future.
