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Implied Consent

When you are issued a Nevada Driver’s License, you are to understand that this is an indication that you understand the Nevada rules-of-the-road; therefore, you are agreeing to obeying these rules and to submitting to a chemical test if you are suspected of breaking these rules by driving under the influence of alcohol or drugs.


The Nevada Implied Consent Law dictates that other, possibly harsher penalties are associated with refusing a chemical test when you are suspected of DUI. These penalties can include:

  • You may be charged with a separate crime
  • Your driving privileges can be suspended or revoked in a separate Nevada DMV action
  • The refusal can be offered against the person at trial to show "consciousness of guilt”

 

Consequently, the penalties for refusing a chemical test under the Implied Consent Law can be more severe than those that may be imposed on a first time DUI offender.

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