NRS 488.470 - Requirements for evidentiary test of breath to determine concentration of alcohol in breath; refusal or failure to submit to test.

NV Rev Stat § 488.470 (2019) (N/A)

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1. Except as otherwise provided in subsection 2, an evidentiary test of breath to determine the concentration of alcohol in a person’s breath may be used to establish that concentration only if two consecutive samples of the person’s breath are taken and:

(a) The difference between the concentration of alcohol in the person’s breath indicated by the two samples is less than or equal to 0.02;

(b) If the provisions of paragraph (a) do not apply, a third evidentiary test of breath is administered and the difference between the concentration of alcohol in the person’s breath indicated by the third sample and one of the first two samples is less than or equal to 0.02; or

(c) If the provisions of paragraphs (a) and (b) do not apply, a fourth evidentiary test is administered. Except as otherwise provided in NRS 488.460, the fourth evidentiary test must be a blood test.

2. If the person fails to provide the second or third consecutive sample, or to submit to the fourth evidentiary test, the results of the first test may be used alone as evidence of the concentration of alcohol in the person’s breath. If for some other reason a second, third or fourth sample is not obtained, the results of the first test may be used with all other evidence presented to establish the concentration.

3. If a person refuses or otherwise fails to provide a second or third consecutive sample or submit to a fourth evidentiary test, such refusal or failure constitutes a failure to submit to a required evidentiary test as provided in NRS 488.460.

(Added to NRS by 1997, 329; A 1999, 2466; 2015, 2544)

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NRS 488.460 - Implied consent to evidentiary test; exemption from blood test; choice of test; circumstances in which peace officer may request person to submit to blood test; restrictions on requesting urine test; failure to submit to test; notification of parent or guardian of minor requested to submit to test.

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NRS 488.480 - Admissibility of evidence of failure to submit to evidentiary test and results of test; availability of results of test; presumption of accuracy and reliability of testing device; judicial notice of certification of operator of testing device; other evidence not precluded.

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