Las Vegas Criminal Lawyer
Blood Test DUI Cases in Las Vegas:
What You Need to Know and How Attorney Josh Tomsheck Can Defend You
If you were arrested for Driving Under the Influence (DUI) in Las Vegas and subjected to a blood test, you are facing a serious criminal charge backed by scientific evidence the prosecution will likely try to use against you. But blood tests are not infallible. In fact, DUI blood tests are one of the most misunderstood—and most challengeable—forms of evidence in Nevada DUI prosecutions.
At Hofland & Tomsheck, nationally board-certified criminal defense attorney Josh Tomsheck has successfully defended individuals charged with misdemeanor and felony DUI offenses, including those involving blood testing. His unique experience as both a former Chief Deputy District Attorney and a defense lawyer gives him the insight to challenge the process, the legality, and the science behind the prosecution’s case.
Are DUI Blood Tests Accurate?
Blood tests are often seen by law enforcement and prosecutors as the “gold standard” of DUI evidence because they measure blood alcohol concentration (BAC) and detect the presence of drugs. However, numerous factors can render blood test results unreliable, including:
- Improper blood draw technique
- Delayed testing outside Nevada’s two-hour legal window
- Contaminated vials or expired preservatives
- Chain of custody errors
- Inaccurate lab equipment
- Laboratory mismanagement or human error
Josh Tomsheck and his expert forensic consultants understand how to identify these issues. In many cases, they’ve uncovered violations that led to suppressed evidence, reduced charges, or complete dismissals.
When Are DUI Blood Tests Used in Nevada?
Blood tests are typically used in the following DUI scenarios:
- When a breath test is refused
- When a DUI is suspected to involve drugs (DUID)
- When a crash results in injury or death
- When the driver is unconscious or unable to give a breath sample
- In felony DUI investigations or repeat offenses
In these situations, law enforcement may request a voluntary blood draw or obtain a search warrant to compel one. Understanding your rights and how these procedures work is essential to building an effective defense.
Nevada’s DUI Blood Test Law
Two-Hour Rule
Under NRS Chapter 484C, law enforcement must obtain a breath, blood, or urine sample within two hours of the alleged offense to meet the state’s legal requirements. If the test is conducted outside that window, Josh Tomsheck can move to suppress the results on the basis that the statutory timeframe was violated.
Implied Consent and Search Warrants
Nevada law used to treat DUI blood draws under the implied consent rule, meaning if you were lawfully arrested, officers could draw your blood even without your explicit permission. However, since the Nevada Supreme Court’s decision in Byars v. State, warrantless blood draws are unconstitutional unless an exception applies, such as exigent circumstances.
Now, if a driver refuses to provide a breath or blood sample, law enforcement must obtain a search warrant before drawing blood. This creates another potential avenue of defense—challenging the warrant or the refusal process itself.
Your Rights Regarding DUI Blood Tests
You are not powerless when facing a DUI charge involving a blood test. As a criminal defendant in Nevada, you have the right to challenge how that evidence was obtained and handled.
Josh Tomsheck regularly defends cases where:
- The search warrant was improperly obtained or lacked probable cause.
- The blood draw occurred after the legal time limit.
- The chain of custody for the blood sample was broken or poorly documented.
- The lab results were unreliable due to human or technical error.
- The defendant was not informed of their rights prior to the blood draw.
In many of these cases, his meticulous review of law enforcement records, lab procedures, and medical documentation has led to suppression of blood test evidence—a crucial step in weakening the prosecution’s case.
Common Defenses to DUI Blood Test Charges
Every DUI case is different. But when a blood test is involved, the following defenses are often highly effective:
1. Unlawful Search and Seizure
If the police conducted the blood draw without a valid search warrant—or failed to meet an exception to the warrant requirement—your Fourth Amendment rights may have been violated.
2. Testing Conducted Outside Legal Time Frame
If your blood was drawn more than two hours after the alleged driving occurred, the results may not be admissible under Nevada law.
3. Laboratory Errors and Chain of Custody Problems
Blood samples are only as reliable as the people and protocols handling them. Any break in the chain of custody or lab error can lead to suppression or reduced evidentiary weight.
4. Improper Blood Draw Procedure
Improper collection techniques can affect BAC levels. Medical conditions or improper disinfection can also lead to inaccurate readings.
5. Contamination or Coagulation
If a blood vial is contaminated or the preservative inside has expired, the integrity of the blood sample may be compromised.
6. Rising Blood Alcohol Content
Josh Tomsheck may argue that your BAC was below the legal limit at the time of driving, and only rose afterward due to the body’s natural absorption process.
Blood Test Results in Drug DUI Cases
Blood tests are often the primary method for detecting drugged driving, including both illegal narcotics and lawfully prescribed medications. But unlike alcohol, Nevada has per se limits for certain drugs (e.g., THC, cocaine, methamphetamine), and no established limit for others, including many prescription drugs like Ambien or Xanax.
This creates ambiguity in prosecution, and Josh Tomsheck is highly skilled at contesting DUI charges, especially where the presence of a substance does not equate to actual impairment.
Felony DUI and Blood Test Evidence
If you’re facing a felony DUI charge in Las Vegas—such as a third offense, DUI causing injury or death, or vehicular homicide—blood test results are often the cornerstone of the government’s case. These charges can carry years in Nevada State Prison, hefty fines, and permanent revocation of your driver’s license.
Josh Tomsheck is one of the few attorneys in Nevada qualified under Supreme Court Rule 250 to handle capital-level felony cases. His trial readiness and forensic knowledge provide his clients the best chance to attack the blood evidence and avoid harsh penalties.
Josh Tomsheck’s Qualifications in Blood Test DUI Defense
When your future depends on challenging scientific evidence, you need an attorney with the background, training, and courtroom experience to do it right.
Attorney Josh Tomsheck is:
- Nationally Board Certified in Criminal Trial Law by the NBTA
- A former Chief Deputy District Attorney in Clark County, with experience prosecuting DUI cases
- A member of the National College for DUI Defense
- Highly experienced in both misdemeanor and felony DUI trials
- Trusted by professionals—including doctors, lawyers, and law enforcement—when their careers are on the line
Josh personally handles every aspect of your DUI case. He knows the scientific procedures, the court system, and the prosecution’s playbook—and he uses that knowledge to your advantage.
What to Do If You’ve Been Arrested and Subjected to a DUI Blood Test
If you’ve been arrested for DUI and a blood test was performed—voluntarily or by warrant—do not assume the test seals your fate. The best thing you can do is contact a skilled DUI defense attorney immediately, so that key evidence can be reviewed and challenged early.
Josh Tomsheck can help you by:
- Requesting an independent lab analysis of your blood sample
- Filing motions to suppress evidence
- Contesting DMV license suspensions
- Identifying constitutional violations related to the stop or search
- Exploring plea options or trial strategies based on weaknesses in the case
Contact Josh Tomsheck Today for Blood Test DUI Defense in Las Vegas
DUI blood test cases can be some of the most complex and scientifically intensive prosecutions in Nevada. But just because your blood was drawn doesn’t mean you are guilty. Every step in the process—from the stop, to the draw, to the analysis—is subject to legal scrutiny, and you have the right to fight back.
If you are facing DUI charges in Las Vegas or anywhere in Clark County and your case involves a blood test, call Josh Tomsheck today at 702-895-6760 for a confidential consultation.
Serious Charges Require Serious Defense
Attorney Josh Tomsheck of Hofland & Tomsheck has successfully defended hundreds of DUI cases, including the most serious blood-test DUI charges. Don’t risk your future. Call today and get the defense you deserve.
