Nevada § 484C.220 - Seizure of license or permit; order of revocation; administrative and judicial review; temporary license; sufficiency of notice

§ 484C.220. Seizure of license or permit; order of revocation; administrative and judicial review; temporary license; sufficiency of notice

1. As agent for the Department, the officer who requested that a test be given pursuant

to NRS 484C.150 or 484C.160 or who obtained the result of a test given pursuant to NRS 484C.150 or 484C.160 shall immediately serve an order of revocation of the license, permit or privilege

to drive on a person who failed to submit to a test requested by the police officer

pursuant to NRS 484C.160 or who has a concentration of alcohol of 0.08 or more in his or her blood or breath

or has a detectable amount of a controlled substance or prohibited substance in his

or her blood or urine for which he or she did not have a valid prescription, as defined

in NRS 453.128 , or hold a valid registry identification card, as defined in NRS 678C.080 , if that person is present, and shall seize the license or permit to drive of the

person. The officer shall then, unless the information is expressly set forth in the order

of revocation, advise the person of his or her right to administrative and judicial

review of the revocation pursuant to NRS 484C.230 and, except as otherwise provided in this subsection, that the person has a right

to request a temporary license. The officer shall also, unless the information is expressly set forth in the order

of revocation, advise the person that he or she is required to install an ignition

interlock device pursuant to NRS 484C.210 . If the person currently is driving with a temporary license that was issued pursuant

to this section or NRS 484C.230 , the person is not entitled to request an additional temporary license pursuant to

this section or NRS 484C.230 , and the order of revocation issued by the officer must revoke the temporary license

that was previously issued. If the person is entitled to request a temporary license, the officer shall issue

the person a temporary license on a form approved by the Department if the person

requests one, which is effective for only 7 days including the date of issuance. The officer shall immediately transmit the person's license or permit to the Department

along with the written certificate required by subsection 2. 2. When a police officer has served an order of revocation of a driver's license,

permit or privilege on a person pursuant to subsection 1, or later receives the result

of an evidentiary test which indicates that a person, not then present, had a concentration

of alcohol of 0.08 or more in his or her blood or breath or had a detectable amount

of a controlled substance or prohibited substance in his or her blood or urine for

which he or she did not have a valid prescription, as defined in NRS 453.128 , or hold a valid registry identification card, as defined in NRS 678C.080 , the officer shall immediately prepare and transmit to the Department, together with

the seized license or permit and a copy of the result of the test, if any, a written

certificate that the officer had reasonable grounds to believe that the person had

been driving or in actual physical control of a vehicle: (a) With a concentration of alcohol of 0.08 or more in his or her blood or breath

or with a detectable amount of a controlled substance or prohibited substance in his

or her blood or urine for which he or she did not have a valid prescription, as defined

in NRS 453.128 , or hold a valid registry identification card, as defined in NRS 678C.080 , as determined by a chemical test; or (b) While under the influence of intoxicating liquor or a controlled substance or

with a prohibited substance in his or her blood or urine and the person refused to

submit to a required evidentiary test. The certificate must also indicate whether the officer served an order of revocation

on the person and whether the officer issued the person a temporary license. 3. The Department, upon receipt of such a certificate for which an order of revocation

has not been served, after examining the certificate and copy of the result of the

chemical test, if any, and finding that revocation is proper, shall issue an order

revoking the person's license, permit or privilege to drive by mailing the order to

the person at the person's last known address. The order must indicate the grounds for the revocation and the period during which

the person is not eligible for a license, permit or privilege to drive and state that

the person has a right to administrative and judicial review of the revocation and

to have a temporary license. The order must also state whether the person is required to install an ignition

interlock device pursuant to NRS 484C.210 . The order of revocation becomes effective 5 days after mailing. 4. Notice of an order of revocation and notice of the affirmation of a prior order

of revocation or the cancellation of a temporary license provided in NRS 484C.230 is sufficient if it is mailed to the person's last known address as shown by any

application for a license. The date of mailing may be proved by the certificate of any officer or employee

of the Department, specifying the time of mailing the notice. The notice is presumed to have been received upon the expiration of 5 days after

it is deposited, postage prepaid, in the United States mail.