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Nevada Injury Law

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Vegas Law

, 1502; 1975, 73; 1979, 1164; 1981, 1361; 1983, 18, 1074; 1985, 785; 1987, 1237; 1989, 2048; 1993, 117, 2073; 1995, 1883; 1997, 325, 3047; 1999, 633, 2453, 3434; 2001, 172; 2005, 149) NRS 484.384 Test showing concentration of alcohol of 0.08 or more in blood or breath; revocation of license, permit or privilege; periods of ineligibility to run consecutively. [Effective until 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. If the result of a test given under NRS 484.382 or 484.383 shows that a person had a concentration of alcohol of 0.08 or more in his blood or breath at the time of the test, his license, permit or privilege to drive must be revoked as provided in NRS 484.385 and he is not eligible for a license, permit or privilege for a period of 90 days. 2. If a revocation of a person’s license, permit or privilege to drive under NRS 62E.640 or 483.460 follows a revocation under subsection 1 which was based on his having a concentration of alcohol of 0.08 or more in his blood or breath, the Department shall cancel the revocation under that subsection and give the person credit for any period during which he was not eligible for a license, permit or privilege. 3. Periods of ineligibility for a license, permit or privilege to drive which are imposed pursuant to this section must run consecutively. (Added to NRS by 1983, 1066; A 1995, 1884, 1919; 1999, 2455; 2003, 1158, 2561) NRS 484.384 Test showing concentration of alcohol of 0.10 or more in blood or breath; revocation of license, permit or privilege; periods of ineligibility to run consecutively. [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. If the result of a test given under NRS 484.382 or 484.383 shows that a person had a concentration of alcohol of 0.10 or more in his blood or breath at the time of the test, his license, permit or privilege to drive must be revoked as provided in NRS 484.385 and he is not eligible for a license, permit or privilege for a period of 90 days. 2. If a revocation of a person’s license, permit or privilege to drive under NRS 62E.640 or 483.460 follows a revocation under subsection 1 which was based on his having a concentration of alcohol of 0.10 or more in his blood or breath, the Department shall cancel the revocation under that subsection and give the person credit for any period during which he was not eligible for a license, permit or privilege. 3. Periods of ineligibility for a license, permit or privilege to drive which are imposed pursuant to this section must run consecutively. (Added to NRS by 1983, 1066; A 1995, 1884, 1919; 1999, 2455; 2003, 1158, 2561, 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) NRS 484.385 Seizure of license or permit; order of revocation; administrative and judicial review; temporary license; sufficiency of notice. [Effective until 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. As agent for the Department, the officer who obtained the result of a test given pursuant to NRS 484.382 or 484.383 shall immediately serve an order of revocation of the license, permit or privilege to drive on a person who has a concentration of alcohol of 0.08 or more in his blood or breath or has a detectable amount of a prohibited substance in his blood or urine, if that person is present, and shall seize his license or permit to drive. The officer shall then advise him of his right to administrative and judicial review of the revocation and to have a temporary license, and shall issue him a temporary license on a form approved by the Department if he requests one, which is effective for only 7 days including the date of issuance. The officer shall immediately transmit the person’s license or permit to the Department along with the written certificate required by subsection 2. 2. When a police officer has served an order of revocation of a driver’s license, permit or privilege on a person pursuant to subsection 1, or later receives the result of an evidentiary test which indicates that a person, not then present, had a concentration of alcohol of 0.08 or more in his blood or breath or had a detectable amount of a prohibited substance in his blood or urine, the officer shall immediately prepare and transmit to the Department, together with the seized license or permit and a copy of the result of the test, a written certificate that he had reasonable grounds to believe that the person had been driving or in actual physical control of a vehicle with a concentration of alcohol of 0.08 or more in his blood or breath or with a detectable amount of a prohibited substance in his blood or urine, as determined by a chemical test. The certificate must also indicate whether the officer served an order of revocation on the person and whether he issued the person a temporary license. 3. The Department, upon receipt of such a certificate for which an order of revocation has not been served, after examining the certificate and copy of the result of the chemical test, if any, and finding that revocation is proper, shall issue an order revoking the person’s license, permit or privilege to drive by mailing the order to the person at his last known address. The order must indicate the grounds for the revocation and the period during which the person is not eligible for a license, permit or privilege to drive and state that the person has a right to administrative and judicial review of the revocation and to have a temporary license. The order of revocation becomes effective 5 days after mailing. 4. Notice of an order of revocation and notice of the affirmation of a prior order of revocation or the cancellation of a temporary license provided in NRS 484.387 is sufficient if it is mailed to the person’s last known address as shown by any application for a license. The date of mailing may be proved by the certificate of any officer or employee of the Department, specifying the time of mailing the notice. The notice is presumed to have been received upon the expiration of 5 days after it is deposited, postage prepaid, in the United States mail. (Added to NRS by 1969, 593; A 1973, 484, 1503; 1981, 1927; 1983, 1075; 1985, 1948; 1991, 1588; 1995, 1885; 1999, 2455, 3425; 2001, 172; 2003, 2562) NRS 484.385 Seizure of license or permit; order of revocation; administrative and judicial review; temporary license; sufficiency of notice. [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. As agent for the Department, the officer who obtained the result of a test given pursuant to NRS 484.382 or 484.383 shall immediately serve an order of revocation of the license, permit or privilege to drive on a person who has a concentration of alcohol of 0.10 or more in his blood or breath or has a detectable amount of a prohibited substance in his blood or urine, if that person is present, and shall seize his license or permit to driv

Vegas Law




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