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 484C.160, 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 test as provided in NRS 484C.160.
(Added to NRS by 1985, 1226; A 1991, 957; 1993, 2074; 1995, 1886; 1999, 2457; 2015, 2537)—(Substituted in revision for NRS 484.386)
Structure Nevada Revised Statutes
Chapter 484C - Driving Under the Influence of Alcohol or a Prohibited Substance
NRS 484C.030 - "Concentration of alcohol of 0.18 or more in his or her blood or breath" defined.
NRS 484C.040 - "Concentration of alcohol of less than 0.18 in his or her blood or breath" defined.
NRS 484C.050 - "Evaluation center" defined.
NRS 484C.053 - "Ignition interlock device" defined.
NRS 484C.057 - "Ignition interlock privilege" defined.
NRS 484C.060 - "License to drive a motor vehicle" defined.
NRS 484C.070 - "Nonresident’s driving privilege" defined.
NRS 484C.080 - "Prohibited substance" defined.
NRS 484C.090 - "Revocation of driver’s license" defined.
NRS 484C.100 - "Treatment provider" defined.
NRS 484C.105 - "Under the influence" defined.
NRS 484C.310 - Standards for approval of evaluation center.
NRS 484C.370 - Evaluation or treatment by private company authorized.
NRS 484C.373 - Legislative declarations.
NRS 484C.376 - "Core components" defined.
NRS 484C.378 - "Designated law enforcement agency" defined.
NRS 484C.380 - "Immediate sanction" defined.
NRS 484C.383 - "Political subdivision" defined.
NRS 484C.385 - "Program" defined.
NRS 484C.386 - "Program participant" defined.
NRS 484C.388 - "Testing" defined.
NRS 484C.390 - "Timely sanction" defined.
NRS 484C.395 - Requirements for offender in program.
NRS 484C.397 - Designated law enforcement agency to collect fees; disposition of fees.
NRS 484C.450 - "Device" defined.