circumstance, the officer is not required to provide the person with a choice of tests for determining the alcoholic content or presence of a controlled substance or another prohibited substance in his blood. (Added to NRS by 1987, 627; A 1993, 146, 2077; 1997, 330; 1999, 2465, 3433; 2001, 172; 2005, 158) NRS 488.470 Requirements for evidentiary test of breath to determine concentration of alcohol in breath; use of reasonable force to obtain sample or conduct test. 1. Except as otherwise provided in subsection 2, an evidentiary test of breath to determine the concentration of alcohol in a person’s breath may be used to establish that concentration only if two consecutive samples of the person’s breath are taken and: (a) The difference between the concentration of alcohol in the person’s breath indicated by the two samples is less than or equal to 0.02; (b) If the provisions of paragraph (a) do not apply, a third evidentiary test of breath is administered and the difference between the concentration of alcohol in the person’s breath indicated by the third sample and one of the first two samples is less than or equal to 0.02; or (c) If the provisions of paragraphs (a) and (b) do not apply, a fourth evidentiary test is administered. Except as otherwise provided in NRS 488.460, the fourth evidentiary test must be a blood test. 2. If the person fails to provide the second or third consecutive sample, or to submit to the fourth evidentiary test, the results of the first test may be used alone as evidence of the concentration of alcohol in the person’s breath. If for some other reason a second, third or fourth sample is not obtained, the results of the first test may be used with all other evidence presented to establish the concentration. 3. If a person refuses or otherwise fails to provide a second or third consecutive sample or submit to a fourth evidentiary test, a peace officer may direct that reasonable force be used to obtain a sample or conduct a test pursuant to NRS 488.460. (Added to NRS by 1997, 329; A 1999, 2466) NRS 488.480 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. 1. 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 vessel under power or sail 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 his request, to him or his 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 breath was certified pursuant to NRS 484.3882 and was calibrated, maintained and operated as provided by the regulations of the Committee on Testing for Intoxication adopted pursuant to NRS 484.3884, 484.3886 or 484.3888. 5. If the device for testing breath has been certified by the Committee on Testing for Intoxication to be accurate and reliable pursuant to NRS 484.3882, it is presumed that, as designed and manufactured, the device is accurate and reliable for the purpose of testing a person’s breath to determine the concentration of alcohol in the person’s breath. 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 in a person’s breath has been performed with a certified type of device by a person who is certified pursuant to NRS 484.3886 or 484.3888, 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 person’s breath 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. (Added to NRS by 1987, 628; A 1993, 2078; 1997, 331; 1999, 1033, 2466, 3434, 3440; 2001, 172; 2005, 60, 159) NRS 488.490 Opportunity of arrested person to choose qualified person to administer test; substitution of test prohibited. 1. A person who is arrested for operating or being in actual physical control of a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance or for engaging in any other conduct prohibited by NRS 488.410, 488.420 or 488.425 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 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 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 peace 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 488.460. (Added to NRS by 1987, 628; A 1999, 2467, 3435; 2001, 172; 2005, 160) NRS 488.500 Admissibility of results of blood test in criminal action; immunity from liability for person administering blood test in certain circumstances. 1. The results of any blood test administered under the provisions of NRS 488.460 or 488.490 are not admissible in any criminal action arising out of acts alleged to have been committed by a person who was operating or in actual physical control of a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance or who was engaging in any other conduct prohibited by NRS 488.410, 488.420 or 488.425 unless: (a) The blood tested was withdrawn by a person, other than an arresting officer, who: (1) Is a physician, registered nurse, licensed practical nurse, emergency medical technician or a phlebotomist, technician, technologist or assistant employed in a medical laboratory; or (2) Has special knowledge, skill, experience, training and education in withdrawing blood in a medically acceptable manner, including, without limitation, a person qualified as an expert on that subject in a court of competent jurisdiction or a person who has completed a course of instruction described in subsection 2 of NRS 652.127; and (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. 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 peace officer or the person

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