NV

Updated August 26, 2026

“I Wasn’t Falling-Down Drunk, So I Can’t Be Guilty”

Most people who come to me say they were not actually drunk and they were doing fine. The way the statute is written, under NRS 484C.110, you do not need to be falling down drunk to be deemed under the influence of alcohol. People generally think they did the roadside tests and the field sobriety tests fine. But often they don’t actually know how they performed. Alcohol affects a person’s judgment, and their recollection may not match what actually happened. People often say the police had no reason to pull them over because they were driving fine. Sometimes they’re right. Often they’re not.

“It’s Just a DUI, Not a Real Criminal Case”

Many people have the mindset that it is “only” a DUI, not a criminal case. People need to understand that a DUI is actually a criminal case. That said, if we can resolve it as a non-DUI disposition, like reckless driving, which is much less serious than a DUI, it would be considered a traffic offense instead of a criminal case. But that’s a negotiated outcome, not the starting point.

“They Didn’t Read Me My Miranda Rights, So My Case Gets Dismissed”

People also have the misconception that their case would be dismissed if they were pulled over and made to do all these tests, but no one had read them their Miranda rights. Miranda protects people from having certain statements used against them when they’re already in custody, whereas Nevada law, like most states’, says field sobriety tests are not testimonial.

If officers did not read someone their Miranda rights, they would not be able to use that person’s actual statements if they made any incriminating statements while in custody. But they could still use other evidence: witness statements, blood analysis, and the officers’ own observations.

Let’s suppose someone was pulled over, arrested for a DUI, and on their way to jail. In this situation, they’d be considered in custody. If the officer had not read them their Miranda rights, and the person made incriminating statements, say, that they were driving, they’d had a lot to drink, and they hit a parking meter, those statements are incriminating. We could suppress those specific statements. The rest of the case, though, doesn’t disappear with them.

“If I Refused the Breathalyzer, They Don’t Have Any Evidence Against Me”

This one comes up almost as often as the Miranda misconception, and it’s just as incomplete. Nevada operates under implied consent, meaning that by driving on Nevada roads, you’ve already agreed to submit to an evidentiary breath, blood, or urine test if an officer has reasonable grounds to believe you’re impaired, under NRS 484C.160. Refusing doesn’t make the case disappear. It triggers an automatic license revocation under NRS 484C.210, and the refusal itself can be introduced as evidence against you under NRS 484C.240. Police can also seek a warrant for a forced blood draw regardless. We cover this in more depth in our breathalyzer refusal guide, but the short version is that refusing changes your case, it doesn’t end it.

“It’s Just My Word Against the Officer’s”

This was truer years ago than it is now. Most stops today involve bodycam footage, and many patrol vehicles have dashcams, too. That footage cuts both ways, sometimes it supports the officer’s account, and sometimes it directly contradicts it, showing a stop that doesn’t match what’s written in the police report, or field sobriety tests administered incorrectly. Assuming a case comes down to your word against theirs, without ever reviewing what the footage actually shows, means potentially missing the strongest evidence in your own defense.

Facing a DUI Charge in Las Vegas?

Most of what determines the outcome of a DUI case gets decided by details people don’t realize matter until it’s too late: what was actually said, what the footage actually shows, whether the stop itself held up. If you’re facing a DUI charge, Lipp Law LLC reviews every one of those details before deciding how to approach your defense. Learn more about our DUI defense strategies or contact us at (702) 745-4700 to discuss your case.

Frequently Asked Questions

What does it mean to be “under the influence”?

Being “under the influence” does not require a person to be visibly drunk. Even minor impairment can lead to a DUI charge based on alcohol’s effects on judgment and coordination.

Can my performance on field sobriety tests impact my case?

Yes. Field sobriety tests can be used as evidence in a DUI case, but people often can’t accurately judge their own performance while under the influence of alcohol.

Is a DUI charge considered a criminal offense?

Yes. A DUI is classified as a criminal offense. If it’s resolved as a non-DUI disposition, like reckless driving, it may instead be treated as a traffic offense, which carries less severe consequences.

Do police need to read me my Miranda rights during a DUI stop?

Miranda rights must be read once a person is in custody and being interrogated. Field sobriety tests themselves are not considered testimonial, so they don’t require a Miranda warning first.

What happens if I refuse a breathalyzer test in Nevada?

Refusal triggers an automatic license revocation under Nevada’s implied consent law, and the refusal itself can be used as evidence against you. It does not prevent police from seeking a warrant for a blood draw.

Can a DUI case be dismissed if I performed well on roadside tests?

Not necessarily. Even if you feel you performed well, the overall circumstances and other evidence can still support a DUI charge.

What evidence can be used against me in a DUI case?

Officer observations, witness statements, blood or breath test results, field sobriety test results, and bodycam or dashcam footage can all factor into a DUI case.

What should I do if I feel I was unfairly pulled over for a DUI?

Document what you remember as soon as you’re able to, and consult with a legal professional who can evaluate the circumstances of your stop and review any available footage.