Do I have to admit that I’ve been drinking if I’m pulled over for DUI in Nevada?

Posted on October 27, 2014

No, but it is important to act cooperatively.

When a police officer pulls over a driver on suspicion of DUI in Nevada, the driver is legally obligated to do the following:

show driver’s license
show registration
show proof of insurance

Beyond that, the driver does not have to speak. However, drivers should take care not to act uncooperative or combative…this would increase the likelihood of arrest and additional Nevada charges such as “resisting a peace officer.”

Note that drivers pulled over for DUI in Nevada are not legally obligated to take a preliminary breath test or perform field sobriety tests such as 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 or blood test. If the driver is being arrested for driving under the influence of drugs as opposed to alcohol, he/she is required to submit to a blood test.

Also, note that police must secure a warrant before getting a blood test in Nevada DUI cases. For drivers who refuse to submit to a chemical breath or blood test, Nevada police may use reasonable force to extract a blood sample from the driver. Read more information on Nevada DUI laws.

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, Court TV, 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.