Nevada Revised Statutes 484C.610 – Certification of breath-testing devices; creation and maintenance of list of such devices; presumption of accuracy and reliability of device; other evidence of concentration of alcohol in breath not precluded
1. The Committee on Testing for Intoxication shall:
Terms Used In Nevada Revised Statutes 484C.610
- Department: means the Department of Motor Vehicles. See Nevada Revised Statutes 481.015
- Director: means the Director of the Department. See Nevada Revised Statutes 481.015
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- person: means a natural person, any form of business or social organization and any other nongovernmental legal entity including, but not limited to, a corporation, partnership, association, trust or unincorporated organization. See Nevada Revised Statutes 0.039
(a) In the manner set forth in subsection 2, certify a device that the Committee determines is designed and manufactured to be accurate and reliable for the purpose of testing a person‘s breath to determine the concentration of alcohol in the person’s breath; and
(b) Create, maintain and make available to the public, free of charge, a list of those devices certified by the Committee, described by manufacturer and type.
2. To determine whether a device is designed and manufactured to be accurate and reliable for the purpose of testing a person’s breath to determine the concentration of alcohol in the person’s breath, the Committee may:
(a) Use the list of qualified products meeting the requirements for evidential breath-testing devices of the National Highway Traffic Safety Administration; or
(b) Establish its own standards and procedures for evaluating those devices and obtain evaluations of the devices from the Director of the Department of Public Safety or the agent of the Director.
3. If such a device has been certified by the Committee to be accurate and reliable pursuant to this section, it is presumed that, as designed and manufactured, the device is accurate and reliable for the purpose of testing a person’s breath to determine the concentration of alcohol in the person’s breath.
4. This section does not preclude the admission of evidence of the concentration of alcohol in a person’s breath where the information is obtained through the use of a device other than one of a type certified by the Committee.