1. Except as otherwise provided in subsections 3 and 4, a person who operates or is in actual physical control of a vessel under power or sail on the waters of this State shall be deemed to have given consent to an evidentiary test of his or her blood, urine, breath or other bodily substance to determine the concentration of alcohol in his or her blood or breath or to determine whether a controlled substance, chemical, poison, organic solvent or another prohibited substance is present, if such a test is administered at the request of a peace officer having reasonable grounds to believe that the person to be tested was:
(a) Operating or in actual physical control of a vessel under power or sail 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 488.410, 488.420 or 488.425.
2. If the person to be tested pursuant to subsection 1 is dead or unconscious, the officer shall direct that samples of blood from the person be tested.
3. Any person who is afflicted with hemophilia or with a heart condition requiring the use of an anticoagulant as determined by a physician is exempt from any blood test which may be required pursuant to this section, but must, when appropriate pursuant to the provisions of this section, be required to submit to a breath or urine test.
4. If the concentration of alcohol of the blood or breath of the person to be tested is in issue:
(a) Except as otherwise provided in this section, the person may refuse to submit to a blood test if means are reasonably available to perform a breath test.
(b) The person may request a blood test, but if means are reasonably available to perform a breath test when the blood test is requested, and the person is subsequently convicted, the person must pay for the cost of the blood test, including the fees and expenses of witnesses whose testimony in court is necessary because of the use of the blood test. The expenses of such a witness may be assessed at an hourly rate of not less than:
(1) Fifty dollars for travel to and from the place of the proceeding; and
(2) One hundred dollars for giving or waiting to give testimony.
(c) Except as otherwise provided in NRS 488.470, not more than three samples of the person’s blood or breath may be taken during the 5-hour period immediately following the time of the initial arrest.
5. Except as otherwise provided in subsection 6, if the presence of a controlled substance, chemical, poison, organic solvent or another prohibited substance in the blood or urine of the person is in issue, the officer may request that the person submit to a blood or urine test, or both.
6. If the presence of marijuana in the blood of the person is in issue, the officer may request that the person submit to a blood test.
7. Except as otherwise provided in subsections 3 and 5, a peace officer shall not request that a person submit to a urine test.
8. If a person to be tested fails to submit to a required test as requested by a peace officer pursuant to this section and the officer has reasonable grounds to believe that the person to be tested was:
(a) Operating or in actual physical control of a vessel under power or sail 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 488.410, 488.420 or 488.425,
the officer may apply for a warrant or court order directing that reasonable force be used to the extent necessary to obtain samples of blood from the person to be tested.
9. If a person who is less than 18 years of age is requested to submit to an evidentiary test pursuant to this section, the officer shall, before testing the person, make a reasonable attempt to notify the parent, guardian or custodian of the person, if known.
(Added to NRS by 1987, 627; A 1993, 146, 2077; 1997, 330; 1999, 2465, 3433; 2001, 172; 2005, 158; 2009, 1875; 2015, 2543; 2017, 312)
Structure Nevada Revised Statutes
NRS 488.025 - Declaration of policy.
NRS 488.045 - Regulations of Board of Wildlife Commissioners: Adoption.
NRS 488.055 - Regulations of Board of Wildlife Commissioners: Filing and publication.
NRS 488.059 - Applicability; local regulation.
NRS 488.065 - Operation of unnumbered or uncertified motorboat prohibited.
NRS 488.105 - Conformity of state numbering system with federal system.
NRS 488.125 - Certificates of number effective for 1 year; exception; renewal; fees; regulations.
NRS 488.135 - Department to fix date on which certificates of number expire.
NRS 488.165 - Display of unauthorized number or decal prohibited.
NRS 488.171 - Hull numbers: Prohibited acts; assignment to handmade vessels; penalty.
NRS 488.1793 - Requirements for transfer of ownership or interest in certain motorboats; exceptions.
NRS 488.1795 - Transferee to file certificates, pay fee and apply for new certificates.
NRS 488.1797 - Requirements for issuance of certificate of ownership.
NRS 488.1803 - Dealer’s report of sale, lease or other transfer; exception.
NRS 488.1805 - Interest of registered owner not affected by assignment by legal owner.
NRS 488.181 - Endorsement of certificate on transfer by registered owner.
NRS 488.1813 - Issuance of duplicate certificate on loss, destruction or mutilation of original.
NRS 488.1815 - Failure to endorse or deliver certificate to transferee unlawful.
NRS 488.182 - Transfer of ownership not required on pledge of security interest.
NRS 488.1823 - Procedure for perfection of security interest.
NRS 488.1825 - Method prescribed for perfecting security interest is exclusive.
NRS 488.185 - Classification of motorboats.
NRS 488.195 - Muffling devices.
NRS 488.257 - "Mooring buoy" defined; requirements for colors and lights.
NRS 488.259 - Mooring buoy: Permit required; exception; permit for placement in navigable waters.
NRS 488.263 - Permit not required for temporary mooring buoy.
NRS 488.265 - Anchoring or mooring vessel which obstructs passageway prohibited; exceptions.
NRS 488.295 - Duties of owner; records and equipment.
NRS 488.430 - Evaluation of certain offenders before sentencing.
NRS 488.440 - Fee for chemical analysis.
NRS 488.530 - Unlawful acts; inspections; authority of peace officers.
NRS 488.533 - Impoundment or quarantine.
NRS 488.536 - Fees; decal; regulations; exceptions.
NRS 488.550 - Collisions, accidents and other casualties.
NRS 488.560 - Transmittal of information regarding collision or accident to federal agency.
NRS 488.580 - Operation of personal watercraft.
NRS 488.590 - Overloading vessel prohibited.
NRS 488.600 - Unlawful operation of vessel: Reduced speed required in certain areas.
NRS 488.620 - Operation of vessel in area marked for bathing, wading, diving, floating or swimming.
NRS 488.630 - Operation of vessel in unsafe condition; penalties.
NRS 488.900 - Enforcement by game wardens and other peace officers; inspection of vessel.
NRS 488.910 - Seizure of vessel to preserve evidence of crime; payment of storage fees.
NRS 488.915 - Seizure of vessel by peace officer: Criteria; duties of law enforcement agency.