Nevada’s DUI Implied Consent Law is Ruled Unconstitutional
From The Las Vegas Review Journal
On October 16th the Nevada Supreme Court ruled the state DUI Implied Consent law is unconstitutional.
Based on a 2013 U.S. Supreme Court decision called Missouri v. McNeely, the Nevada court said in a unanimous decision that the state’s law violates the Fourth Amendment against unreasonable search.
Las Vegas attorney John Watkins, a legal expert on driving under the influence law, called the decision monumental.
“It is a monumental case because it rules that the state, which does not really have an implied consent statute, is unconstitutional,” he said. “Therefore, now police are going to have to go get a warrant or get true knowing and voluntary consent.”
“The implied consent statute does not justify a warrantless search where the subject of the search does not have the option to revoke consent, the court said.”