1. If a person refuses to submit to a required chemical test provided for in NRS 484C.150 or 484C.160, evidence of that refusal is admissible in any criminal or administrative action arising out of acts alleged to have been committed while the person was:
(a) Driving or in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or with a prohibited substance in his or her blood or urine; or
(b) Engaging in any other conduct prohibited by NRS 484C.110, 484C.120, 484C.130 or 484C.430.
2. Except as otherwise provided in subsection 3 of NRS 484C.150, a court or hearing officer may not exclude evidence of a required test or failure to submit to such a test if the police officer or other person substantially complied with the provisions of NRS 484C.150 to 484C.250, inclusive, and 484C.600 to 484C.640, inclusive.
3. If a person submits to a chemical test provided for in NRS 484C.150 or 484C.160, full information concerning that test must be made available, upon request of the person, to the person or his or her attorney.
4. Evidence of a required test is not admissible in a criminal or administrative proceeding unless it is shown by documentary or other evidence that the law enforcement agency calibrated the breath-testing device and otherwise maintained it as required by the regulations of the Committee on Testing for Intoxication.
(Added to NRS by 1969, 594; A 1973, 1504; 1983, 1078, 1914; 1993, 2076; 1995, 1888; 1999, 3428; 2005, 150; 2007, 2804; 2015, 2540)—(Substituted in revision for NRS 484.389)
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.