1. Except as otherwise provided in subsection 2, an evidentiary test of breath to determine the concentration of alcohol in a persons breath may be used to establish that concentration only if two consecutive samples of the persons breath are taken and: (a) The difference between the concentration of alcohol in the persons breath indicated by the two samples is less than or equal to 0.02; (b) If the provisions of paragraph (a) do not apply, a third evidentiary test of breath is administered and the difference between the concentration of alcohol in the persons breath indicated by the third sample and one of the first two samples is less than or equal to 0.02; or (c) If the provisions of paragraphs (a) and (b) do not apply, a fourth evidentiary test is administered. Except as otherwise provided in NRS 488.460 , the fourth evidentiary test must be a blood test. 2. If the person fails to provide the second or third consecutive sample, or to submit to the fourth evidentiary test, the results of the first test may be used alone as evidence of the concentration of alcohol in the persons breath. If for some other reason a second, third or fourth sample is not obtained, the results of the first test may be used with all other evidence presented to establish the concentration. 3. If a person refuses or otherwise fails to provide a second or third consecutive sample or submit to a fourth evidentiary test, such refusal or failure constitutes a failure to submit to a required evidentiary test as provided in NRS 488.460 .
‹ Prev All Nevada sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.