Nev. Admin. Code § 483.8485 - Test to determine concentration of alcohol: Duties of peace officer; review by Department; contents and mailing of order for suspension of license
1. A peace officer
who has received the result of a test given pursuant to
NRS
484C.150 or
484C.160
which indicates that a person who, while in control of a commercial motor
vehicle, had a concentration of alcohol of 0.04 or more but less than 0.08 in
his or her 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 driver's
license of the same type and class as the license which was seized pursuant to
subsection 2.
2. If a
person who was in control of a commercial motor vehicle and to whom a test is
given pursuant to
NRS
484C.150 or
484C.160
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 0.04 or more but
less than 0.08 in his or her blood or breath, the peace officer shall:
(a) Serve an order of suspension of the
driver's license, permit or privilege to drive;
(b) Seize any driver's license or permit of
the person;
(c) Advise the person
of his or her right to:
(1) Administrative
and judicial review of the suspension; and
(2) Obtain a temporary driver's license of
the same type and class as the license which was seized, if his or her driver's
license is seized pursuant to paragraph (b);
(d) If the person requests a temporary
driver's license, and his or her driver's license is seized pursuant to
paragraph (b), issue the person a temporary driver's license of the same type
and class as the license which was seized on a form approved by the Department
which becomes effective 24 hours after the person receives the temporary
driver's license and expires 168 hours after it becomes effective;
and
(e) Transmit to the Department:
(1) Any driver's license or permit seized
pursuant to paragraph (b); and
(2)
The written certificate that the peace officer is required to prepare pursuant
to subsection 1.
3. If a person who was in control of a
commercial motor vehicle and to whom a test is given pursuant to
NRS
484C.150 or
484C.160
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 0.04 or more
but less than 0.08 in his or her blood or breath, the peace officer shall
transmit to the Department a copy of the result of the test and the written
certificate that 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, will:
(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
driver's license, permit or privilege to drive of the person by mailing the
order to the person at his or her last known mailing 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 driver's 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 by the
Department, postage prepaid, in the United States mail. The date of mailing of
the order may be shown by a certificate specifying the date of mailing that is
prepared by an officer or employee of the Department.
Notes
NRS 483.908
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