Nevada § 483.462 - Test indicating person less than 21 years of age has concentration of alcohol of 0.02 or more but less than 0.08 in blood or breath; duties of peace officer and Department; order for suspension of license

§ 483.462. Test indicating person less than 21 years of age has concentration of alcohol of 0.02 or more but less than 0.08 in blood or breath; duties of peace officer and Department; order for suspension of license

1. A peace officer who has received the result of a test given pursuant to NRS 484C.150 or 484C.160 which indicates that a person less than 21 years of age to whom the test was given

had a concentration of alcohol of 0.02 or more but less than 0.08 in his or her blood

or breath shall prepare a written certificate indicating whether the peace officer: (a) Had reasonable grounds to believe that the person was driving under the influence

of alcohol; (b) Served an order of suspension on the person pursuant to subsection 2; and (c) Issued the person a temporary license pursuant to subsection 2. 2. If a person less than 21 years of age to whom a test is given pursuant to NRS 484C.150 or 484C.160 is present when a peace officer receives the result of the test and the test indicates

that the person has a concentration of alcohol of 0.02 or more but less than 0.08

in his or her blood or breath, the peace officer shall: (a) Serve an order of suspension of the license, permit or privilege; (b) Seize any license or permit of the person; (c) Advise the person that the person has the right to: (1) Administrative and judicial review of the suspension; and (2) Have a temporary license; (d) If the person requests a temporary license, issue the person a temporary license

on a form approved by the Department which becomes effective 24 hours after the person

receives the temporary license and expires 120 hours after it becomes effective;

and (e) Transmit to the Department: (1) Any license or permit seized pursuant to paragraph (b); and (2) The written certificate which the peace officer is required to prepare pursuant

to subsection 1. 3. If a person less than 21 years of age to whom a test is given pursuant to NRS 484C.150 or 484C.160 is not present when a peace officer receives the result of the test and the test

indicates that the person has a concentration of alcohol of 0.02 or more but less

than 0.08 in his or her blood or breath, the peace officer shall transmit to the Department

a copy of the result of the test and the written certificate which the peace officer

is required to prepare pursuant to subsection 1. 4. The Department, upon receiving a copy of the result of the test and the written

certificate transmitted by the peace officer pursuant to subsection 3, shall: (a) Review the result of the test and the written certificate; and (b) If the Department determines that it is appropriate, issue an order to suspend

the license, permit or privilege to drive of the person by mailing the order to the

person at the person’s last known address. 5. An order for suspension issued by the Department pursuant to subsection 4 must: (a) Explain the grounds for the suspension; (b) Indicate the period of the suspension; (c) Require the person to transmit to the Department any license or permit held by

the person; and (d) Explain that the person has a right to administrative and judicial review of the

suspension. 6. An order for suspension issued by the Department pursuant to subsection 4 is presumed

to have been received by the person 5 days after the order is deposited, postage prepaid,

in the United States mail by the Department. The date of mailing of the order may be shown by a certificate that is prepared

by an officer or employee of the Department specifying the date of mailing.