Test indicating person less than 21 years of age has concentration of alcohol of 0.02 or more but less than 0.10 in blood or breath; duties of peace officer and Department; order for suspension of license. [Effective on the date of the repeal of the federal law requiring each state to make it unlawful for a person to operate a motor vehicle with a blood alcohol concentration of 0.08 percent or greater as a condition to receiving federal funding for the construction of highways in this State.]
1. A peace officer who has received the result of a test given pursuant to NRS 484.382 or 484.383 which indicates that a person less than 21 years of age to whom the test was given had a concentration of alcohol of 0.02 or more but less than 0.10 in his blood or breath shall prepare a written certificate indicating whether the peace officer:
(a) Had reasonable grounds to believe that the person was driving under the influence of alcohol;
(b) Served an order of suspension on the person pursuant to subsection 2; and
(c) Issued the person a temporary license pursuant to subsection 2.
2. If a person less than 21 years of age to whom a test is given pursuant to NRS 484.382 or 484.383 is present when a peace officer receives the result of the test and the test indicates that the person has a concentration of alcohol of 0.02 or more but less than 0.10 in his blood or breath, the peace officer shall:
(a) Serve an order of suspension of the license, permit or privilege;
(b) Seize any license or permit of the person;
(c) Advise the person of his right to:
(1) Administrative and judicial review of the suspension; and
(2) Have a temporary license;
(d) If the person requests a temporary license, issue the person a temporary license on a form approved by the Department which becomes effective 24 hours after he receives the temporary license and expires 120 hours after it becomes effective; and
(e) Transmit to the Department:
(1) Any license or permit seized pursuant to paragraph (b); and
(2) The written certificate which the peace officer is required to prepare pursuant to subsection 1.
3. If a person less than 21 years of age to whom a test is given pursuant to NRS 484.382 or 484.383 is not present when a peace officer receives the result of the test and the test indicates that the person has a concentration of alcohol of 0.02 or more but less than 0.10 in his blood or breath, the peace officer shall transmit to the Department a copy of the result of the test and the written certificate which the peace officer is required to prepare pursuant to subsection 1.
4. The Department, upon receiving a copy of the result of the test and the written certificate transmitted by the peace officer pursuant to subsection 3, shall:
(a) Review the result of the test and the written certificate; and
(b) If the Department determines that it is appropriate, issue an order to suspend the license, permit or privilege to drive of the person by mailing the order to the person at his last known address.
5. An order for suspension issued by the Department pursuant to subsection 4 must:
(a) Explain the grounds for the suspension;
(b) Indicate the period of the suspension;
(c) Require the person to transmit to the Department any license or permit held by the person; and
(d) Explain that the person has a right to administrative and judicial review of the suspension.
6. An order for suspension issued by the Department pursuant to subsection 4 is presumed to have been received by the person 5 days after the order is deposited, postage prepaid, in the United States mail by the Department. The date of mailing of the order may be shown by a certificate that is prepared by an officer or employee of the Department specifying the date of mailing.
Last modified: February 25, 2006