wrightme
Regular Member
The applicable "implied consent" statute in NV requires actual belief that the driver is intoxicated. It does not mean "I want to give you a test" without reason.Got it !! Just giving an example from a place I could referance. It was meant to be a friendly "slippery when wet" sign. So as not to inadvertently loose the battle trying to win the war.
http://www.leg.state.nv.us/nrs/NRS-484C.html#NRS484CSec150
where the police officer stops a vehicle, if the officer has reasonable grounds to believe that the person to be tested was:
(a) Driving or in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance
http://www.leg.state.nv.us/nrs/NRS-484C.html#NRS484CSec160
The main question would be this.hall be deemed to have given his or her consent to an evidentiary test of his or her blood, urine, breath or other bodily substance to determine the concentration of alcohol in his or her blood or breath or to determine whether a controlled substance, chemical, poison, organic solvent or another prohibited substance is present, if such a test is administered at the direction of a police officer having reasonable grounds to believe that the person to be tested was:
(a) Driving or in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance
"Absent refusal to engage in conversation at a DUI checkpoint, was there 'reasonable grounds?'"
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