NRS 488.460 Implied consent to evidentiary test; exemption from blood test; choice of test; circumstances in which peace officer may request person to submit to blood test; restrictions on requesting urine test; failure to submit to test; notification of parent or guardian of minor requested to submit to test.

765 words·~3 min read·/nv/chapter-488-watercraft/488-460

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

1. Except as otherwise provided in subsections 3 and 4, a 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 an evidentiary test of his or her blood, urine, breath or other bodily substance to determine the concentration of alcohol in his or her blood or breath or to determine whether a controlled substance, chemical, poison, organic solvent or another prohibited substance is present, if such a test is administered at the request of a peace officer having 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 with a prohibited substance in his or her blood or urine; or

(b)Engaging in any other conduct prohibited by NRS 488.410 , 488.420 or 488.425 .

2. If the person to be tested pursuant to subsection 1 is dead or unconscious, the officer shall direct that samples of blood from the person be tested.

3. Any person who is afflicted with hemophilia or with a heart condition requiring the use of an anticoagulant as determined by a physician is exempt from any blood test which may be required pursuant to this section, but must, when appropriate pursuant to the provisions of this section, be required to submit to a breath or urine test.

4. If the concentration of alcohol of the blood or breath of the person to be tested is in issue:

(a)Except as otherwise provided in this section, the person may refuse to submit to a blood test if means are reasonably available to perform a breath test.

(b)The person may request a blood test, but if means are reasonably available to perform a breath test when the blood test is requested, and the person is subsequently convicted, the person must pay for the cost of the blood test, including the fees and expenses of witnesses whose testimony in court is necessary because of the use of the blood test. The expenses of such a witness may be assessed at an hourly rate of not less than:

(1)Fifty dollars for travel to and from the place of the proceeding; and

(2)One hundred dollars for giving or waiting to give testimony.

(c)Except as otherwise provided in NRS 488.470 , not more than three samples of the person’s blood or breath may be taken during the 5-hour period immediately following the time of the initial arrest.

5. Except as otherwise provided in subsection 6, if the presence of a controlled substance, chemical, poison, organic solvent or another prohibited substance in the blood or urine of the person is in issue, the officer may request that the person submit to a blood or urine test, or both.

6. If the presence of marijuana in the blood of the person is in issue, the officer may request that the person submit to a blood test.

7. Except as otherwise provided in subsections 3 and 5, a peace officer shall not request that a person submit to a urine test.

8. If a person to be tested fails to submit to a required test as requested by a peace officer pursuant to this section and the officer has reasonable grounds to believe that the person to be tested was:

(b)Engaging in any other conduct prohibited by NRS 488.410 , 488.420 or 488.425 ,

Ê the officer may apply for a warrant or court order directing that reasonable force be used to the extent necessary to obtain samples of blood from the person to be tested.

9. If a person who is less than 18 years of age is requested to submit to an evidentiary test pursuant to this section, the officer shall, before testing the person, make a reasonable attempt to notify the parent, guardian or custodian of the person, if known.