Breath Test Refusal Defense in Reno

A Former Prosecutor’s Perspective on Breath Test Refusal

Refusing a post-arrest breath, blood, or urine test can create a separate driver’s license issue while also affecting the criminal DUI case. At Law Offices of Kenneth A. Stover, we examine both parts of the situation, including whether the arrest and request for an evidentiary chemical test complied with Nevada law.

Kenneth Stover spent nearly five years in prosecution roles, including service as a Special Prosecutor for the Cities of Reno and Sparks and as a Deputy District Attorney elsewhere in Nevada. We draw on that perspective to assess the evidence, anticipate the prosecution’s approach, and build a defense tailored to the allegations.

Call (775) 502-1575 for a free initial consultation about a breath test refusal in Reno or Sparks.

Roadside Breath Tests & Post-Arrest Evidentiary Tests

Nevada implied consent law generally treats a person driving on a highway or premises open to the public as having consented to an evidentiary blood, breath, or urine test following a lawful DUI arrest. This post-arrest test is distinct from a preliminary breath test administered during a roadside investigation.

Refusing a roadside preliminary breath test doesn’t trigger the automatic license revocation associated with refusing a post-arrest evidentiary test. The circumstances still matter because an officer may rely on other observations and evidence when deciding whether to make an arrest.

Consequences associated with an evidentiary test refusal may include:

• Criminal evidence: Prosecutors may introduce the refusal as evidence in the DUI case.
• License action: The Nevada Department of Motor Vehicles may impose a separate revocation for refusing the test.
• Compelled blood sample: Officers may seek a warrant or court order for a blood draw after a refusal if they have reasonable grounds to believe the person was driving under the influence.

A refusal isn’t universally helpful or harmful to a defense. We evaluate what officers said, whether they properly requested the test, how they documented the response, and what other DUI evidence exists.

License Consequences After a Refusal in Reno

Under NRS 484C.210, a first refusal of an evidentiary chemical test carries a one-year driver’s license revocation. A prior revocation for refusal within the preceding seven years increases the new revocation period to three years.

Nevada’s refusal rules also establish these important timelines:

• A driver can request a DMV administrative hearing in writing at any time while ineligible to drive, though the officer-issued temporary license lasts only seven days.
• Letting the seven-day temporary license lapse can create a gap in driving privileges, though Nevada law still allows a hearing request at any time while the person remains ineligible to drive.
• A revocation following refusal runs consecutively with other DUI-related license revocations.
• A driver who completes an evidentiary test and fails it faces a 185-day revocation, which is shorter than the one-year period for a first refusal.

These periods describe Nevada law generally. The consequences in a particular case depend on the alleged refusal, the driver’s history, and any other license action arising from the same arrest.

How We Investigate Refusal Cases in Reno & Sparks

We create tailored defense strategies through comprehensive investigation, strategic negotiation, and courtroom representation. Kenneth Stover brings more than 25 years of criminal justice experience to this work.

Our investigation may examine:

• The stop and arrest: We review the legality of the traffic stop, the basis for the arrest, officer reports, and video.
• The test request and response: We examine the sequence of events, what the officer requested, and how the alleged refusal was documented.
• Testing and warrant evidence: We assess breathalyzer accuracy, test records, and warrant materials.

Court assignment depends on where the alleged offense occurred and whether the charge is a misdemeanor or felony. A chemical test refusal allegation in Reno may become part of a case filed in one of several courts.

Common court pathways include:

• Reno Municipal Court: Misdemeanor DUI allegations arising within city jurisdiction are typically filed here.
• Reno Justice Court: State misdemeanor charges arising outside city jurisdiction are typically handled here. People arrested for misdemeanor DUI must complete a DUI RANT screening appointment, a required pre-appearance screening, before their first court appearance.
• Sparks Justice Court: A breath test refusal in Sparks is typically addressed as part of the related DUI case in this court.
• Second Judicial District Court: Felony DUI matters and other more serious cases may proceed in this court in Reno.

Discuss the Refusal & Any Approaching License Deadline

We’ve defended clients in 70 courts throughout Nevada. We apply that courtroom experience and Kenneth Stover’s prosecution background to each stage of the criminal case.

During a free initial consultation, we can discuss the arrest, the test request, and any approaching license deadline. The contact form gives you a way to explain what happened before we speak.

Call (775) 502-1575 now to request your consultation about a breath or chemical test refusal.