Driving under the influence of intoxicating liquor or controlled or prohibited substance: Results of blood test not admissible in hearing or criminal action unless blood test and procedure for withdrawing blood meet certain requirements; immunity from liability for person administering blood test in certain circumstances.
1. The results of any blood test administered under the provisions of NRS 484.383 or 484.391 are not admissible in any hearing or criminal action arising out of acts alleged to have been committed by a person who was driving or in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or who was engaging in any other conduct prohibited by NRS 484.379 or 484.3795 unless:
(a) The blood tested was withdrawn by a physician, physician assistant, registered nurse, licensed practical nurse, emergency medical technician or a technician, technologist or assistant employed in a medical laboratory;
(b) The test was performed on whole blood, except if the sample was clotted when it was received by the laboratory, the test may be performed on blood serum or plasma; and
(c) The person who withdrew the blood was authorized to do so by the appropriate medical licensing or certifying agency.
2. The limitation contained in paragraph (a) of subsection 1 does not apply to the taking of a chemical test of the urine, breath or other bodily substance.
3. No person listed in paragraph (a) of subsection 1 incurs any civil or criminal liability as a result of the administering of a blood test when requested by a police officer or the person to be tested to administer the test.
Last modified: February 25, 2006