1. A peace officer who has received the result of a test given pursuant to NRS 484C.150 or 484C.160 which indicates that a person less than 21 years of age to whom the test was given had a concentration of alcohol of 0.02 or more but less than 0.08 in his or her blood or breath shall prepare a written certificate indicating whether the peace officer:
(a) Had reasonable grounds to believe that the person was driving under the influence of alcohol;
(b) Served an order of suspension on the person pursuant to subsection 2; and
(c) Issued the person a temporary license pursuant to subsection 2.
2. If a person less than 21 years of age to whom a test is given pursuant to NRS 484C.150 or 484C.160 is present when a peace officer receives the result of the test and the test indicates that the person has a concentration of alcohol of 0.02 or more but less than 0.08 in his or her blood or breath, the peace officer shall:
(a) Serve an order of suspension of the license, permit or privilege;
(b) Seize any license or permit of the person;
(c) Advise the person that the person has the right to:
(1) Administrative and judicial review of the suspension; and
(2) Have a temporary license;
(d) If the person requests a temporary license, issue the person a temporary license on a form approved by the Department which becomes effective 24 hours after the person receives the temporary license and expires 120 hours after it becomes effective; and
(e) Transmit to the Department:
(1) Any license or permit seized pursuant to paragraph (b); and
(2) The written certificate which the peace officer is required to prepare pursuant to subsection 1.
3. If a person less than 21 years of age to whom a test is given pursuant to NRS 484C.150 or 484C.160 is not present when a peace officer receives the result of the test and the test indicates that the person has a concentration of alcohol of 0.02 or more but less than 0.08 in his or her blood or breath, the peace officer shall transmit to the Department a copy of the result of the test and the written certificate which the peace officer is required to prepare pursuant to subsection 1.
4. The Department, upon receiving a copy of the result of the test and the written certificate transmitted by the peace officer pursuant to subsection 3, shall:
(a) Review the result of the test and the written certificate; and
(b) If the Department determines that it is appropriate, issue an order to suspend the license, permit or privilege to drive of the person by mailing the order to the person at the person’s last known address.
5. An order for suspension issued by the Department pursuant to subsection 4 must:
(a) Explain the grounds for the suspension;
(b) Indicate the period of the suspension;
(c) Require the person to transmit to the Department any license or permit held by the person; and
(d) Explain that the person has a right to administrative and judicial review of the suspension.
6. An order for suspension issued by the Department pursuant to subsection 4 is presumed to have been received by the person 5 days after the order is deposited, postage prepaid, in the United States mail by the Department. The date of mailing of the order may be shown by a certificate that is prepared by an officer or employee of the Department specifying the date of mailing.
(Added to NRS by 1997, 3044; A 1999, 2448; 2003, 2557)
1. A peace officer who has received the result of a test given pursuant to NRS 484C.150 or 484C.160 which indicates that a person less than 21 years of age to whom the test was given had a concentration of alcohol of 0.02 or more but less than 0.10 in his or her blood or breath shall prepare a written certificate indicating whether the peace officer:
(a) Had reasonable grounds to believe that the person was driving under the influence of alcohol;
(b) Served an order of suspension on the person pursuant to subsection 2; and
(c) Issued the person a temporary license pursuant to subsection 2.
2. If a person less than 21 years of age to whom a test is given pursuant to NRS 484C.150 or 484C.160 is present when a peace officer receives the result of the test and the test indicates that the person has a concentration of alcohol of 0.02 or more but less than 0.10 in his or her blood or breath, the peace officer shall:
(a) Serve an order of suspension of the license, permit or privilege;
(b) Seize any license or permit of the person;
(c) Advise the person that the person has the right to:
(1) Administrative and judicial review of the suspension; and
(2) Have a temporary license;
(d) If the person requests a temporary license, issue the person a temporary license on a form approved by the Department which becomes effective 24 hours after the person receives the temporary license and expires 120 hours after it becomes effective; and
(e) Transmit to the Department:
(1) Any license or permit seized pursuant to paragraph (b); and
(2) The written certificate which the peace officer is required to prepare pursuant to subsection 1.
3. If a person less than 21 years of age to whom a test is given pursuant to NRS 484C.150 or 484C.160 is not present when a peace officer receives the result of the test and the test indicates that the person has a concentration of alcohol of 0.02 or more but less than 0.10 in his or her blood or breath, the peace officer shall transmit to the Department a copy of the result of the test and the written certificate which the peace officer is required to prepare pursuant to subsection 1.
4. The Department, upon receiving a copy of the result of the test and the written certificate transmitted by the peace officer pursuant to subsection 3, shall:
(a) Review the result of the test and the written certificate; and
(b) If the Department determines that it is appropriate, issue an order to suspend the license, permit or privilege to drive of the person by mailing the order to the person at the person’s last known address.
5. An order for suspension issued by the Department pursuant to subsection 4 must:
(a) Explain the grounds for the suspension;
(b) Indicate the period of the suspension;
(c) Require the person to transmit to the Department any license or permit held by the person; and
(d) Explain that the person has a right to administrative and judicial review of the suspension.
6. An order for suspension issued by the Department pursuant to subsection 4 is presumed to have been received by the person 5 days after the order is deposited, postage prepaid, in the United States mail by the Department. The date of mailing of the order may be shown by a certificate that is prepared by an officer or employee of the Department specifying the date of mailing.
(Added to NRS by 1997, 3044; A 1999, 2448; 2003, 2557, effective on the date of the repeal of the federal law requiring each state to make it unlawful for a person to operate a motor vehicle with a blood alcohol concentration of 0.08 percent or greater as a condition to receiving federal funding for the construction of highways in this State)
Structure Nevada Revised Statutes
Chapter 483 - Drivers’ Licenses; Driving Schools and Driving Instructors
NRS 483.030 - "Administrator" defined.
NRS 483.035 - "Border state employee" defined.
NRS 483.040 - "Cancellation" and "cancelled" defined.
NRS 483.063 - "Driver" defined.
NRS 483.064 - "Driver authorization card" defined.
NRS 483.065 - "Driver’s license" defined.
NRS 483.067 - "Electric bicycle" defined.
NRS 483.070 - "Farm tractor" defined.
NRS 483.075 - "Foreign exchange student" defined.
NRS 483.080 - "Highway" defined.
NRS 483.081 - "International instructor" defined.
NRS 483.082 - "International student" defined.
NRS 483.083 - "License" defined.
NRS 483.085 - "Licensee" defined.
NRS 483.088 - "Moped" defined.
NRS 483.090 - "Motor vehicle" defined.
NRS 483.100 - "Nonresident" defined.
NRS 483.115 - "Out-of-state student" defined.
NRS 483.120 - "Owner" defined.
NRS 483.125 - "Photograph" defined.
NRS 483.135 - "Premises to which the public has access" defined.
NRS 483.141 - "Resident" defined.
NRS 483.150 - "Revocation" defined.
NRS 483.160 - "School bus" defined.
NRS 483.165 - "State" defined.
NRS 483.170 - "Street" defined.
NRS 483.180 - "Suspension" defined.
NRS 483.190 - "Vehicle" defined.
NRS 483.200 - Employment of examiners and other employees; duties of examiners.
NRS 483.205 - Medical Board: Appointment; duties.
NRS 483.240 - Exemptions from licensing.
NRS 483.250 - Issuance of license to certain persons prohibited; exceptions.
NRS 483.289 - Application for license or instruction permit: Choice of statutory provisions.
NRS 483.2925 - Designation of veteran status on license or permit; duties of Department.
NRS 483.300 - Signing and verification of application of minor by responsible person; liability.
NRS 483.310 - Release from liability upon cancellation of minor’s license.
NRS 483.320 - Cancellation of license upon death of person signing minor’s application.
NRS 483.350 - License to be carried and surrendered upon demand; limitation on conviction.
NRS 483.360 - Restricted license; procedure for suspension or revocation; penalty.
NRS 483.370 - Duplicate or substitute permit or license.
NRS 483.375 - Change of full legal name on license: Requirements; circumstances when permitted; fee.
NRS 483.382 - Renewal of license: Notice to licensee; additional tests.
NRS 483.383 - Renewal of license: Procedure for renewal by mail; regulations.
NRS 483.390 - Notice of change of address.
NRS 483.410 - Fees and penalties: Amounts, payment and disposition.
NRS 483.415 - Additional fee; deposit in Highway and Safety Administrative Account; use of money.
NRS 483.4193 - "Ignition interlock device" defined.
NRS 483.4194 - "Ignition interlock privilege" defined.
NRS 483.420 - Authority of Department to cancel license.
NRS 483.440 - Suspension or revocation of license or privilege upon conviction in another state.
NRS 483.445 - Suspension or revocation of license of member of Armed Forces.
NRS 483.477 - Attendance at school for training drivers upon suspension.
NRS 483.500 - Surrender and reissuance of license upon suspension or revocation.
NRS 483.505 - Voluntary surrender of license; reissuance.
NRS 483.520 - Judicial review.
NRS 483.630 - Uniformity of interpretation.
NRS 483.700 - License required.
NRS 483.710 - Requirements for licensure as operator of school.
NRS 483.720 - Requirements for licensure as instructor for school.
NRS 483.723 - Minimum age for training; exceptions.
NRS 483.730 - Licenses: Issuance; term; renewal; training; exception.
NRS 483.740 - Liability insurance.
NRS 483.750 - Maintenance of vehicles.
NRS 483.755 - Books and records: Location; inspection and copying; retention.
NRS 483.760 - Grounds for refusal to issue or cancellation, revocation or suspension of license.
NRS 483.810 - Legislative findings and declaration.
NRS 483.820 - Persons entitled to card; fees.
NRS 483.830 - Duties of Director.
NRS 483.853 - Designation of veteran status on card; duties of Department.
NRS 483.860 - Proof of full legal name and age; regulations; consular identification cards.
NRS 483.8605 - Change of full legal name on card: Requirements; circumstances when permitted; fee.
NRS 483.867 - Placement of designation on card issued to person who is seasonal resident.
NRS 483.870 - Validity of card; surrender of card; report of change of information or loss of card.
NRS 483.880 - Duplicate card; return of original.
NRS 483.890 - Unlawful acts; penalty.
NRS 483.906 - Authority of Department.
NRS 483.908 - Adoption of regulations.
NRS 483.910 - Schedule of fees.
NRS 483.916 - Release of information regarding driver’s record.
NRS 483.920 - Effect of convictions entered in other states.
NRS 483.924 - Restrictions on driving commercial motor vehicle on highways of Nevada.
NRS 483.927 - Designation of veteran status on license; duties of Department.
NRS 483.930 - Transfer of license issued in another jurisdiction.
NRS 483.934 - Issuance of license or learner’s permit to nonresidents prohibited; exception.