Admissibility of evidence of failure to submit to evidentiary test and results of test; availability of results of test; presumption of accuracy and reliability of testing device; judicial notice of certification of operator of testing device; other evidence not precluded.
Nev. Rev. Stat. § 488.480
in effect1. If a person refuses to submit to a required chemical test provided for in NRS 488.450 or 488.460 , evidence of that refusal is admissible in any criminal action arising out of acts alleged to have been committed while the person 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
(b) Engaging in any other conduct prohibited by NRS 488.410 , 488.420 or 488.425 .
2. Except as otherwise provided in subsection 3 of NRS 488.450 , a court may not exclude evidence of a required test or failure to submit to such a test if the peace officer or other person substantially complied with the provisions of NRS 488.450 to 488.500 , inclusive.
3. If a person submits to a chemical test provided for in NRS 488.450 or 488.460 , full information concerning that test must be made available, upon request, to the person or the persons attorney.
4. Evidence of a required test is not admissible in a criminal proceeding unless it is shown by documentary or other evidence that the device for testing a persons breath or other sample was certified pursuant to NRS 484C.610 or 484C.640 , as applicable, and was calibrated, maintained and operated as provided by the regulations of the Committee on Testing for Intoxication adopted pursuant to NRS 484C.620 , 484C.630 or 484C.640 .
5. If the device for testing a persons breath or other sample has been certified by the Committee on Testing for Intoxication to be accurate and reliable pursuant to NRS 484C.610 or 484C.640 , it is presumed that, as designed and manufactured, the device is accurate and reliable for the purpose of testing a persons breath or other sample to determine the concentration of alcohol, a controlled substance or another prohibited substance in the persons breath or other sample.
6. A court shall take judicial notice of the certification by the Director of a person to operate testing devices of one of the certified types. If a test to determine the amount of alcohol, a controlled substance or another prohibited substance in a persons breath or other sample has been performed with a certified type of device by a person who is certified pursuant to NRS 484C.630 or 484C.640 , it is presumed that the person operated the device properly.
7. This section does not preclude the admission of evidence of a test of a persons breath or other sample where the:
(a) Information is obtained through the use of a device other than one of a type certified by the Committee on Testing for Intoxication.
(b) Test has been performed by a person other than one who is certified by the Director.
8. As used in this section, Director means the Director of the Department of Public Safety.
Source: NV Statutes (Official Site)URL: https://www.leg.state.nv.us/nrs/NRS-488.htmlFetched: 10/4/2026