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Admission of Evidence of DUI in Nevada

After being arrested for a DUI in Nevada, police will likely request that the offender subject to a blood, breath or urine test to detect whether the suspect was under the influence of drugs or alcohol.  The results of these tests are admissible evidence. “If a person refuses to submit to required evidentiary testing, evidence of that refusal is admissible in any criminal or administrative action arising out of acts alleged to have been committed while the person was driving or in actual physical control of a vehicle while under the influence of intoxicating liquor or controlled substance.” Further, a court may not exclude evidence of a required test or refusal to adhere to a test if the police officer substantially complied with the provisions stated in the chemical testing statute. However, it is important to note that “evidence of a required test is not admissible in a criminal or administrative proceeding unless it is shown by documentary or other evidence that the law enforcement agency calibrated the breath-testing device and otherwise maintained it as required by the regulations of the Committee on Testing for intoxication.”

In order for test results to be admitted evidence, the blood test must be drawn by a person, other than the arresting officer who is a physician, physician assistant, registered nurse, licensed practical nurse, emergency medical technician or a phlebotomist, technician, technologist or assistant employed in a medical laboratory; Has special knowledge, skill, experience, training and education withdrawing blood in a medically acceptable manner; and the test was performed on whole blood. These provisions must be maintained in order for such evidence to be admissible in court.

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