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Testing and evidence

Implied consent and refusal in Nevada

The test requested, legal grounds and applicable statute matter.

Implied-consent laws connect driving and chemical testing under specified legal conditions. The test requested and the officer’s legal grounds matter. The source-checked rules available for Nevada appear below. A missing suspension figure is not a statement that refusal has no consequences. Check the applicable notice and official provision.

What a refusal does in Nevada

Suspension length after a refusal
Not published yet. We show a figure only once it has been confirmed against the official source and dated.
Other consequences of refusing
Not published yet. We show a figure only once it has been confirmed against the official source and dated.Whether a refusal is separately chargeable, and whether it can be used as evidence, varies by state.
Suspension under the cited rule
Not published yet. We show a figure only once it has been confirmed against the official source and dated.

Roadside tests and chemical tests are different things

Identify what was requested: a field sobriety exercise, a roadside screening test, or a chemical test of breath, blood or urine. Do not assume the same refusal rule applies to all of them. The relevant statute, any warrant, and the circumstances of the request determine the legal question for a lawyer to review.

The two legal questions

The criminal charge and driving privileges can involve different proceedings. The notice, order and cited rule identify the applicable process.

Driving privileges

The licence case

Forum
The agency or court identified by the applicable licence proceeding
Clock
Check the applicable notice or order for the deadline and its starting event
Deadline to request a hearing
At any time while ineligible for a license, permit or driving privilege following an order of revocation under NRS 484C.220; only one administrative hearing is available.
  • NRS 484C.230(1) ties the request period to ineligibility following the revocation order; it does not state a fixed number of days for this administrative request.
  • This is the administrative hearing request, not the separate deadline for judicial review after a hearing.
  • Temporary-license eligibility is subject to NRS 484C.220. A hearing request by itself is not permission to drive; a requester who obtains a continuance can lose the temporary license under subsection (5).
Verified Nev. Rev. Stat. § 484C.230 [Effective until the date of the repeal of the federal law requiring each state to make it unlawful for a person to operate a motor vehicle with a blood alcohol concentration of 0.08 percent or greater as a condition to receiving federal funding for the construction of highways in this State.]Official source (opens in a new tab)
Suspension under the cited rule
Not published yet. We show a figure only once it has been confirmed against the official source and dated.
After a refusal
Not published yet. We show a figure only once it has been confirmed against the official source and dated.

Criminal charge

The criminal case

Forum
A criminal court
Clock
Check court notices and orders; no case duration is predicted here
Alcohol-concentration threshold
Not published yet. We show a figure only once it has been confirmed against the official source and dated.
First-offense penalty rule
Not published yet. We show a figure only once it has been confirmed against the official source and dated.The cited rule may describe a range or a minimum with conditions, not a predicted sentence.