2023 Nevada Revised Statutes › Chapter 484C - Driving Under the Influence of Alcohol or a Prohibited Substance › NRS 484C.640 - Certification of devices and methods to test blood, urine or other sample; adoption of regulations for calibration or verification of devices and methods to test blood, urine or other sample and certification of persons who calibrate, verify or operate devices or methods or who examine operators; adoption of regulations concerning operation of devices to test blood, urine or other sample; presumption of accuracy and reliability of device or method; admission of evidence obtained from uncertified device or method.

1. The Committee on Testing for Intoxication may:
(a) Study and make recommendations to the Director of the Department of Public Safety regarding the best practices, technologies and methods of detecting and determining the concentration of alcohol or the presence of a controlled substance or another prohibited substance and the effect of driving under the influence of alcohol, a controlled substance or another prohibited substance;
(b) Determine and certify whether a device or method is accurate and reliable for the purpose of testing a person’s blood, urine or other sample to determine the concentration of alcohol or the presence of a controlled substance or another prohibited substance;
(c) Create, maintain and make available to the public, free of charge, a list of those devices or methods certified by the Committee; and
(d) Adopt regulations that:
(1) Require the calibration or verification of devices or methods which are used to test a person’s blood, urine or other sample to determine the concentration of alcohol or the presence of a controlled substance or another prohibited substance in the person’s blood, urine or other sample;
(2) Require the certification of persons who make those calibrations or verifications;
(3) Require the certification of persons who operate devices or methods for testing a person’s blood, urine or other sample to determine the concentration of alcohol or presence of a controlled substance or another prohibited substance in the person’s blood, urine or other sample;
(4) Require the certification of persons who examine those operators; and
(5) Prescribe the essential procedures for the proper operation of the various types of devices or methods to test a person’s blood, urine or other sample to determine the concentration of alcohol or the presence of a controlled substance or another prohibited substance in the person’s blood, urine or other sample.
2. If a device or method has been certified by the Committee to be accurate and reliable pursuant to this section, it is presumed that the device or method is accurate and reliable for the purpose of testing a person’s blood, urine or other sample to determine the concentration of alcohol or the presence of a controlled substance or another prohibited substance.
3. This section does not preclude the admission of evidence of the concentration of alcohol or the presence of a controlled substance or another prohibited substance in a person’s blood, urine or other sample where the information is obtained through the use of a device or method other than one certified by the Committee.
(Added to NRS by 1993, 2072; A 1999, 2459, 3428; 2001, 172; 2023, 3263)—(Substituted in revision for NRS 484.3888)