Criminal Defense – Things To Know If Someone Is Stopped At The Roadside For DUI In Nevada It is never advisable to take the roadside tests. You cannot be forced to do them and you have a right to refuse. Most of the time, police will try and bully you into taking the tests. They’ll also have a portable breath tester at the scene and they will ask you to blow into that. You are not required to do this either. The Nevada case called Byars vs. State codified a Federal law which said that if one doesn’t consent to a blood draw, then the state must get a warrant before they obtain one. In Nevada, you have a constitutional right not to submit to a blood test without a warrant. That’s the good news. If you don’t submit, by the time they get a search warrant and they do take your blood, if it is over two hours, then that helps your criminal case. If they are not able to get the chemical tests within that time frame, they cannot use it to prove that your blood alcohol level was over 0.08.