Driving under the influence of intoxicating liquor or controlled or prohibited substance: Opportunity of arrested person to choose qualified person to administer test; substitution of test prohibited.
1. A person who is arrested for driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or for engaging in any other conduct prohibited by NRS 484.379 or 484.3795 must be permitted, upon his request and at his expense, reasonable opportunity to have a qualified person of his own choosing administer a chemical test or tests to determine:
(a) The concentration of alcohol in his blood or breath; or
(b) Whether a controlled substance, chemical, poison, organic solvent or another prohibited substance is present in his blood or urine.
2. The failure or inability to obtain such a test or tests by such a person does not preclude the admission of evidence relating to the refusal to submit to a test or relating to a test taken upon the request of a police officer.
3. A test obtained under the provisions of this section may not be substituted for or stand in lieu of the test required by NRS 484.383.
Last modified: February 25, 2006