§ 488.490 — Opportunity of arrested person to choose qualified person to administer test; substitution for evidentiary test prohibited

Nevada § 488.490

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

Text

1. A person who is arrested for operating or being 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 for engaging in any other conduct prohibited by NRS 488.410 , 488.420 or 488.425 must be permitted, upon the person’s request and at his or her expense, reasonable opportunity to have a qualified person of his or her own choosing administer a chemical test to determine:
(a) The concentration of alcohol in his or her blood or breath; or
(b) Whether a controlled substance, chemical, poison, organic solvent or another prohibited substance is present in his or her blood or urine.
2. The failure or inability to obtain such a test does not preclude the admission of evidence relating to the refusal to submit to a test or relating to a test taken upon the request of a peace officer.
3. A test obtained under the provisions of this section may not be substituted for or stand in lieu of the test required by NRS 488.460 .

Legislative History

(Added to NRS by 1987, 628 ; A 1999, 2467 , 3435 ; 2001, 172 ; 2005, 160 ; 2023, 550 )