1. The affidavit or declaration of a chemist and any other person who has qualified in a court of record in this State to testify as an expert witness regarding the presence in the breath, blood or urine of a person of alcohol, a controlled substance, or a chemical, poison, organic solvent or another prohibited substance, or the identity or quantity of a controlled substance alleged to have been in the possession of a person, which is submitted to prove:
(a) The quantity of the purported controlled substance; or
(b) The concentration of alcohol or the presence or absence of a controlled substance, chemical, poison, organic solvent or another prohibited substance, as the case may be,
is admissible in the manner provided in this section.
2. An affidavit or declaration which is submitted to prove any fact set forth in subsection 1 must be admitted into evidence when submitted during any administrative proceeding, preliminary hearing or hearing before a grand jury. The court shall not sustain any objection to the admission of such an affidavit or declaration.
3. The defendant may object in writing to admitting into evidence an affidavit or declaration submitted to prove any fact set forth in subsection 1 during the defendant’s trial. If the defendant makes such an objection, the court shall not admit the affidavit or declaration into evidence and the prosecuting attorney may cause the person to testify to any information contained in the affidavit or declaration.
4. The Committee on Testing for Intoxication shall adopt regulations prescribing the form of the affidavits and declarations described in this section.
5. As used in this section, "chemist" means any person employed in a medical laboratory, pathology laboratory, toxicology laboratory or forensic laboratory whose duties include, without limitation:
(a) The analysis of the breath, blood or urine of a person to determine the presence or quantification of alcohol or a controlled substance, chemical, poison, organic solvent or another prohibited substance; or
(b) Determining the identity or quantity of any controlled substance.
(Added to NRS by 1995, 2712; A 1997, 1420; 1999, 443, 2469, 3402; 2001, 172; 2005, 2046; 2007, 397; 2009, 32)
Structure Nevada Revised Statutes
NRS 50.015 - General rule of competency.
NRS 50.025 - Lack of personal knowledge.
NRS 50.035 - Oath or affirmation.
NRS 50.053 - Interpreters for person with communications disability: Oath; rights and privileges.
NRS 50.055 - Competency: Judge as witness.
NRS 50.065 - Competency: Juror as witness.
NRS 50.067 - Competency: Receipt of certain care or counseling.
NRS 50.085 - Evidence of character and conduct of witness.
NRS 50.095 - Impeachment by evidence of conviction of crime.
NRS 50.105 - Religious beliefs or opinions.
NRS 50.115 - Mode and order of interrogation and presentation.
NRS 50.125 - Writing used to refresh memory.
NRS 50.135 - Prior statements of witness.
NRS 50.145 - Calling and interrogation of witness by judge.
NRS 50.155 - Exclusion and sequestration of witnesses.
NRS 50.165 - Duty to appear and testify.
NRS 50.185 - Arrest of protected witness void; liability of arresting officer; affidavit of witness.
NRS 50.195 - Penalties for disobedience.
NRS 50.215 - Examination of prisoner as witness; notification of Department of Corrections required.
NRS 50.245 - Cases from municipal court brought before district court.
NRS 50.255 - Attorney not allowed fee as witness.
NRS 50.260 - "Prohibited substance" defined.
NRS 50.265 - Opinions: Lay witnesses.
NRS 50.275 - Testimony by experts.
NRS 50.285 - Opinions: Experts.
NRS 50.295 - Opinions: Ultimate issues.
NRS 50.305 - Disclosure of facts and data underlying expert opinion.
NRS 50.520 - "Alternative method" defined.
NRS 50.530 - "Child witness" defined.
NRS 50.540 - "Criminal proceeding" defined.
NRS 50.550 - "Noncriminal proceeding" defined.
NRS 50.570 - Hearing to determine whether to allow testimony by alternative method.
NRS 50.580 - Standards for determining whether child witness may testify by alternative method.
NRS 50.590 - Factors for determining whether to permit alternative method.
NRS 50.600 - Order regarding testimony by alternative method.
NRS 50.610 - Right of party to examine child witness.