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A driver does not have to tell the police that he/she was drinking if pulled over for a Nevada DUI. But the motorist should act cooperatively.
1. What does a driver have to disclose to police if pulled over for DUI?
When a police officer pulls over a driver on suspicion of DUI in Nevada, the driver is legally obligated to do the following:
- show a driver’s license,
- show proof of registration, and
- show proof of insurance.
Beyond that, the driver does not have to speak.
But, drivers should take care not to act uncooperative or combative. Such behavior would increase the likelihood of arrest and possible additional Nevada charges, such as “resisting a peace officer.”1
2. What about breath tests and field sobriety tests?
Drivers pulled over for DUI in Nevada are not legally obligated to take a preliminary breath test or perform field sobriety tests. The latter include the walk-and-turn, one-legged-stand, and horizontal gaze nystagmus.
But once a cop arrests a driver for DUI in Nevada, the driver is required to submit to a breath test. Further, if the driver is being arrested for driving under the influence of drugs, he/she is required to submit to a blood test.
Legal References:
- For the crime of resisting arrest, see NRS 199.280.
About the Author
Neil Shouse
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.
