Nevada Revised Statutes 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 per…
1. The Committee on Testing for Intoxication may:
Terms Used In Nevada Revised Statutes 484C.640
- controlled substance: means a drug, immediate precursor or other substance which is listed in schedule I, II, III, IV or V for control by the State Board of Pharmacy pursuant to Nevada Revised Statutes 0.031
- 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) 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.