§ 488.450 — Implied consent to preliminary test of breath; failure to submit to test; use of results of test

Nevada § 488.450

• Jurisdiction: Nevada
• Title 43: PUBLIC SAFETY; VEHICLES; WATERCRAFT
• Ch. 488: Watercraft

Text

1. Any person who operates or is in actual physical control of a power-driven vessel or sailing vessel under way on the waters of this State shall be deemed to have given consent to a preliminary test of his or her breath to determine the concentration of alcohol in his or her breath when the test is administered at the request of a peace officer after a power-driven vessel or sailing vessel accident or collision while under way or where an officer stops a power-driven vessel or sailing vessel under way, if the officer has reasonable grounds to believe that the person to be tested was:
(a) Operating or in actual physical control of a power-driven vessel or sailing vessel under way while under the influence of intoxicating liquor or a controlled substance; or
(b) Engaging in any other conduct prohibited by NRS 488.410 , 488.420 or 488.425 .
2. If the person fails to submit to the test, the officer shall, if reasonable grounds otherwise exist, arrest the person and take him or her to a convenient place for the administration of a reasonably available evidentiary test under NRS 488.460 .
3. The result of the preliminary test must not be used in any criminal action, except to show there were reasonable grounds to make an arrest.

Legislative History

(Added to NRS by 1997, 329 ; A 1999, 2464 , 3432 ; 2001, 172 ; 2005, 157 ; 2015, 2542 ; 2023, 548 )