NRS 488.490 Opportunity of arrested person to choose qualified person to administer test; substitution for evidentiary test prohibited.
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NRS 488.490 Opportunity of arrested person to choose qualified person to administer test; substitution for evidentiary test prohibited.
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 .