Nevada § 488.460 - Implied consent to evidentiary test; exemption from blood test; choice of test; circumstances in which peace officer may request person to submit to blood test; restrictions on requesting urine test; failure to submit to test; notification of parent or guardian of minor requested to submit to test

§ 488.460. Implied consent to evidentiary test; exemption from blood test; choice of test; circumstances in which peace officer may request person to submit to blood test; restrictions on requesting urine test; failure to submit to test; notification of parent or guardian of minor requested to submit to test

1. Except as otherwise provided in subsections 3 and 4, a person who operates or is

in actual physical control of a power-driven vessel or sailing vessel under way on

the waters of this State shall be deemed to have given consent to an evidentiary test

of his or her blood, urine, breath or other bodily substance to determine the concentration

of alcohol in his or her blood or breath or to determine whether a controlled substance,

chemical, poison, organic solvent or another prohibited substance is present, if such

a test is administered at the request of a peace officer having reasonable grounds

to believe that the person to be tested was: (a) Operating or in actual physical control of a power-driven vessel or sailing vessel

under way while under the influence of intoxicating liquor or a controlled substance

or with a prohibited substance in his or her blood or urine; or (b) Engaging in any other conduct prohibited by NRS 488.410 , 488.420 or 488.425 . 2. If the person to be tested pursuant to subsection 1 is dead or unconscious, the

officer shall direct that samples of blood from the person be tested. 3. Any person who is afflicted with hemophilia or with a heart condition requiring

the use of an anticoagulant as determined by a physician is exempt from any blood

test which may be required pursuant to this section, but must, when appropriate pursuant

to the provisions of this section, be required to submit to a breath or urine test. 4. If the concentration of alcohol of the blood or breath of the person to be tested

is in issue: (a) Except as otherwise provided in this section, the person may refuse to submit

to a blood test if means are reasonably available to perform a breath test. (b) The person may request a blood test, but if means are reasonably available to

perform a breath test when the blood test is requested, and the person is subsequently

convicted, the person must pay for the cost of the blood test, including the fees

and expenses of witnesses whose testimony in court is necessary because of the use

of the blood test. The expenses of such a witness may be assessed at an hourly rate of not less than: (1) Fifty dollars for travel to and from the place of the proceeding; and (2) One hundred dollars for giving or waiting to give testimony. (c) Except as otherwise provided in NRS 488.470 , not more than three samples of the person's blood or breath may be taken during

the 5-hour period immediately following the time of the initial arrest. 5. Except as otherwise provided in subsection 6, if the presence of a controlled substance,

chemical, poison, organic solvent or another prohibited substance in the blood or

urine of the person is in issue, the officer may request that the person submit to

a blood or urine test, or both. 6. If the presence of marijuana in the blood of the person is in issue, the officer

may request that the person submit to a blood test. 7. Except as otherwise provided in subsections 3 and 5, a peace officer shall not

request that a person submit to a urine test. 8. If a person to be tested fails to submit to a required test as requested by a peace

officer pursuant to this section and the officer has reasonable grounds to believe

that the person to be tested was: (a) Operating or in actual physical control of a power-driven vessel or sailing vessel

under way while under the influence of intoxicating liquor or a controlled substance

or with a prohibited substance in his or her blood or urine; or (b) Engaging in any other conduct prohibited by NRS 488.410 , 488.420 or 488.425 , the officer may apply for a warrant or court order directing that reasonable force

be used to the extent necessary to obtain samples of blood from the person to be tested. 9. If a person who is less than 18 years of age is requested to submit to an evidentiary

test pursuant to this section, the officer shall, before testing the person, make

a reasonable attempt to notify the parent, guardian or custodian of the person, if

known.