In the state of Nevada, underage drinking is taken very seriously especially if a person is operating a vehicle. Under the law, it is illegal for anyone under the age of 21 to have a blood alcohol level (BAC) of .02 or higher regardless of whether it impairs their driving. If your child is stopped for a DUI and refuses to take the chemical test that is required to determine a person’s BAC, they could face consequences that can negatively affect their lives.

What Is Implied Consent?

You may not know it, but as the leading DUI lawyer in Clark County, I’m here to tell you that driving on Nevada’s public roads means that your child has consented to let police take a BAC test if they are suspected of driving under the influence. In Nevada, the implied consent law allows the Department of Motor Vehicle to revoke your child’s driver’s license if they withdraw consent for BAC testing after a lawful arrest.  

What Happens If My Child Refuses Testing?

In general, if your child refuses BAC testing you can expect for police to take the following actions:

  • Place your child under arrest
  • Seize your child’s license and vehicle
  • Transport your child to a location that provides BAC testing

If your child still refuses to take a BAC test once arrested, police can apply for a warrant that authorizes a forcible blood draw. Furthermore, your child’s refusal to take a BAC test can be used as evidence of guilt at their trial. In addition to the consequences mentioned previously, your child’s driver’s license will be revoked for a year for a first-time refusal or three years for a second or subsequent refusal within seven years.     

Challenging the Revocation

If your child’s license is revoked, they can challenge the suspension by requesting a hearing. To uphold a driver’s license suspension, the arresting officer must meet a particular burden of proof. In the state of Nevada an officer must:

  • Have reasonable grounds to believe a suspect is driving while under the influence
  • Provide proof of the suspect’s refusal to take a BAC test
  • Prove that the suspect was informed about the state’s license revocation process  
  • Prove that the suspect was informed about their right to a hearing

If your child has refused BAC testing during a traffic stop and is in need of a DUI lawyer in Las Vegas, please do not hesitate to call the Law Offices of Benjamin Nadig. Do not let one mistake determine your child’s future—give us a call today at 702-706-0076 for a free consultation.

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Tina LeBoeuf
May 26, 2024
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He's a great lawyer. Very up front with you . He has awesome P.I. They are a great team . Highly recommend This lawyer.
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Slick Gilligan
January 21, 2024
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Benjamin Nadig is my son's attorney and he seems to be doing a great job for my son
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Jacqueline villeda
April 7, 2023
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Attorney Nadig and his staff are very knowledgeable and compassionate. They specialize in personal injury and also criminal law. Mr. Nadig is used to going to court and fight for people's rights on a everyday basis. He has no problem filing law suits and going after insurance companies. They guide you through the process of your auto accident step by step, they basically hold you by the hand so you can understand the process. I highly recommend Benjamin Nadig Law Firm.
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Sage Lopez
April 7, 2023
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I would 100% trust Ben! He represented me a few years ago and made everything go away! Ben is very good at his job. He is also very busy but he will take care of you! Would highly recommend!
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Cecilia Enriquez
April 7, 2023
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Ben represented me for an accident that I was involved in about a year ago. He did an excellent job and got me the top settlement of $100k! I highly recommend hiring The Law Office if Benjamin Nadig
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Yasmine Amouri
April 6, 2023
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I am a client with attorney Benjamin and I have got to say he is one of the best attorneys I have ever dealt with . He answers all my questions and deals with my concerns as if I was family to him very impressive I always recommend him to my friends and family My injury case took no longer than 6 months and was settled by then thank you !!
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William Rodriguez
April 6, 2023
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I went to Mr. Nadig's office after a couple of friends recommended him, I know of friends that have had awful experiences with other attorney's after having an accident, I'm just very happy to say, they were everything I expected and much more, they answered all my questions and took care of everything with my vehicle, tow truck, etc. The people in his office were so nice! Got my settlement check and all I can say is thank you Mr. Nadig!
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228 S. 4th St., Third Floor, Las Vegas, NV 89101
Mon - Fri: 8.30 am - 5.00 pm
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Contact Information
228 S. 4th St., Third Floor, Las Vegas, NV 89101
Mon - Fri: 8.30 am - 5.00 pm
Get Directions

Ben Nadig {2025}. All Rights Reserved.

Ben Nadig {2024}. All Rights Reserved.