[Willy702]

Not that I encourage people to drink and drive but if you are anywhere near double the legal limit you might as well just refuse the test and deal with the lost license. This is what every DUI defense attorney will tell you.

[NLVgal]

Originally Posted by Willy702

Not that I encourage people to drink and drive but if you are anywhere near double the legal limit you might as well just refuse the test and deal with the lost license. This is what every DUI defense attorney will tell you.

You can refuse the breathalyzer, but I believe if you are taken into custody they can draw your blood at the jail. I could be wrong, as this is second-hand information.

[Exaday]

Originally Posted by NLVgal

You can refuse the breathalyzer, but I believe if you are taken into custody they can draw your blood at the jail. I could be wrong, as this is second-hand information.

Refusing the breathalyzer is an admission of guilt. If you know you are drunk you can demand a blood test instead. They then have to take you to the hospital ad you know how long it takes form them to see you. You might be sober by the time your blood gets drawn.

[Willy702]

Its not necessarily an admission of guilt. Its just you not complying with the terms of your license, which causes you to lose the license for a year in most cases as you agree to when you get the license. When it comes time to try your case you have a 90% chance of winning because they have to prove you were intoxicated without anything other than an officer claiming he had clear evidence of your intoxication.

Now in the OP's case, he hit someone so the ballgame changes completely. There is a clear crime committed and reasonable suspicion your intoxication caused an accident. But if all you do is get pulled over and you suspect you are drunk you can follow the path of refusing to take the test and then its up to the DA to prove their case or in many instances they will just drop the charges for lack of evidence. Still doesn't change the fact you are not licensed and you will still have a ticket on your record for refusing the test which of course to insurers appears like you were guilty of drunk driving.

[ScoopLV]

Originally Posted by Exaday

Refusing the breathalyzer is an admission of guilt. If you know you are drunk you can demand a blood test instead. They then have to take you to the hospital ad you know how long it takes form them to see you. You might be sober by the time your blood gets drawn.

They'll work out your BAC backwards from the time of the test to the time of the arrest. They're quite good at that.

OP needs a good criminal defense lawyer -- maybe he can avoid the ankle bracelet, ignition sobriety lock, mandatory AA meetings and other things the judge can throw at him.

But it's unlikely. Double the legal limit with an accident is second only to DWI with injury/fatality accident in the legal scheme of things. At least he wasn't arrested in a country like Germany, which takes DWI seriously.

If he was arrested there, they would confiscate his car, sell it, and use the money for a victims fund. He would lose his license and be forced to visit a psychologist until he was cleared to drive again. And there's no limit to how long that can take. Plus there are fines and mandatory jail time.

As it stands, I estimate that OP is looking at around $15K to fix this problem. Even more if an ambulance-chaser has a summons issued for an injury lawsuit. (Assuming the insurance company doesn't step up to help with the defense.)

Cab fare is dirt cheap in comparison.

[NLVgal]

If you decide to drink and you drove to the location, these guys will get you and your car home for about 60 bucks.

Designated Drivers, Inc. - Home

Too late for OP, but posted for everyone else who may be reading this.

[Fishhead]

There was no ambulance involved, guy was fine and in fact, guy was probably not hit at all.

[NLVgal]

Originally Posted by Exaday

Refusing the breathalyzer is an admission of guilt. If you know you are drunk you can demand a blood test instead. They then have to take you to the hospital ad you know how long it takes form them to see you. You might be sober by the time your blood gets drawn.

I don't think they take you to the hospital here unless they think you are so intoxicated that you are in danger of dying from alcohol poisoning. I'm pretty sure the CCDC has nurses on staff that do the blood draws at the jail, and Scoop is correct in that they will calculate backwards and assign you a BAC number.

[dynimagelv]

Originally Posted by Fishhead

There was no ambulance involved, guy was fine and in fact, guy was probably not hit at all.

bettin that he suddenly has injuries when he see the first TV commercial......sorry dude but you are fish toast

[bayview6]

Originally Posted by dynimagelv

bettin that he suddenly has injuries when he see the first TV commercial......sorry dude but you are fish toast

Not all people are looking to be dishonest.

Anyway, this thread has reminded me not to drink and drive in Nevada with a BAC over .08

I wish the OP the very best of luck in dealing with this unfortunate situation and hopes that he keeps us updated with developments as they occur.