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It depends. Both breath tests and blood tests have pros and cons in Nevada DUI cases.
1. What are the pros and cons of a breath test in Nevada?
The advantages of a breath test in a Nevada DUI case are as follows:
- breathalyzers test only for alcohol, so they will not show if the person is high as opposed to drunk. But note that if the cop suspects the driver is high, the cop can get a warrant and force the driver to take a blood test.
- breath tests are less invasive than blood tests.
The disadvantages of a breath test are as follows:
- breathalyzers can give false positives for DUI (for example, due to such medical conditions as rising acid reflux, GERD, or heartburn).
- there is no way to preserve a person’s breath for evidentiary purposes. In contrast, blood can be saved for re-testing.
2. What are the pros and cons of a blood test?
The advantages of a blood test in a Nevada DUI case are as follows:
- currently, it takes several weeks for blood results to come back, so drivers who choose blood tests can hold on to their driver’s licenses in the meantime. If people test positive for DUI after a breath test, police immediately take away their licenses.1
- blood tests are typically more accurate. So drivers who know they have no drugs or alcohol in their system may want to consider the blood test.
The disadvantages of a blood test are as follows:
- blood tests can be painful.
- law enforcement uses blood to test not only for alcohol but also for drugs.
Please also check out our article on, “Do I need a lawyer if I get a DUI in Nevada?” and “Is hypoglycemia a DUI defense in Nevada?”
Legal References:
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- See Nevada Department of Motor Vehicles’ website, “License Suspensions & Revocations.
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.