If you're pulled over on suspicion of DUI in Nevada, you might wonder: Can I say no to a breathalyzer? It's a fair question—but in this state, the answer isn't simple. Nevada has strict laws that kick in the moment you get behind the wheel, and refusing a chemical test could land you in even more trouble than taking it.

At Liberators Criminal Defense, we help people facing DUI charges understand the law, the consequences, and the best steps to protect their rights. Here's what you need to know if you're ever in that situation.

Implied Consent: What It Means for You

Nevada's implied consent law (NRS 484C.160) says that by driving on Nevada roads, you've already agreed—by implication—to submit to a breath, blood, or urine test if you're lawfully arrested for DUI. In other words, once you're under arrest, you don't really get to “opt out” without consequences.

What Happens If You Refuse a Breathalyzer?

Refusing to take a breathalyzer or any chemical test after a lawful DUI arrest can trigger serious penalties, including:

License Suspension
Refusing a test leads to an automatic one-year driver's license revocation for a first offense. If you've refused before, the revocation period can be even longer. And yes, this happens before you go to court or are found guilty.

Your Refusal Can Be Used Against You
Prosecutors are allowed to tell the jury you refused testing. They may argue your refusal shows you knew you were over the limit—something courts often view as a sign of guilt.

Police Can Get a Warrant Anyway
Refusal doesn't always stop the test. If an officer gets a warrant, they can still draw your blood—even against your will. That means refusal might only make things worse without preventing evidence from being collected.

What Should You Do If You're Pulled Over?

Stay Calm and Polite
Don't argue or escalate the situation. You can (and should) assert your rights, but do it respectfully.

Know What You Can Say No To
You're not required to do roadside field sobriety tests—those awkward balance and coordination checks. But once you're arrested, you are required to take a chemical test.

Call a Lawyer Immediately
The sooner you talk to an experienced DUI attorney, the better your chances. Legal strategy starts early—sometimes within hours of arrest—and can make a major difference in license suspension, criminal charges, and even jail time.

Bottom Line

Refusing a breathalyzer in Nevada doesn't mean you're off the hook—it usually means more legal trouble. If you've been arrested for DUI or refused a test, contact Liberators Criminal Defense right away. We'll help you understand your options, fight the case, and protect your future.