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By: Law Offices of Mace J. Yampolsky

Are the penalties to my driver’s license any different if I refuse a test as opposed to failing a test?

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Due to the existence of implied consent statutes in Nevada (and almost everywhere else), most if not all drivers cannot refuse to submit to a chemical test (of their breath or blood) legally. While the consequences of the conduct of the criminal prosecution are more nebulous, the effect of a refusal on your driver’s license is less circumspect. The consequences are swift, harsh, and most often, irrevocable.

Refusal of a chemical test in Nevada will result in an ADDITIONAL revocation and/or suspension of your driver’s license for a minimum of 1 year, depending upon your existing driving history. The more demerit points, prior DUIs, prior Reckless Driving dispositions, and periods of suspension or revocation in your driving record will become very relevant. More often than not, refusing the chemical test will do you more long-term harm than good, unfortunately.