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2011 Nevada Revised Statutes
Chapter 488 - Watercraft
NRS 488.490 - Opportunity of arrested person to choose qualified person to administer test; substitution of test prohibited.

Universal Citation:
NV Rev Stat ยง 488.490 (2011)
Learn more This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily the official citation.

1. A person who is arrested for operating or being in actual physical control of a vessel under power or sail 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.

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

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