Las Vegas, NV asked in DUI / DWI for Nevada

Q: I got a DUI but they didn't do a BAC test until way after I was stopped

-- I heard that if they don't do it within two hours they might throw out the charges. Is that true?

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1 Lawyer Answer
Sean Neahusan
Sean Neahusan
  • DUI & DWI Lawyer
  • Reno, NV
  • Licensed in Nevada

A: While it is true that if BAC is not taken within 2 hours of driving the case get much harder to prove, and it may be enough to cause the case to be dismissed. DUI cases are highly fact based and you should let an attorney review the facts and discuss potential defenses with them.

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