NAC483.8485. 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.

     (Added to NAC by Dep’t of Motor Veh. by R062-02, eff. 9-20-2002; A by R069-03, 9-12-2003, eff. 9-23-2003; R123-07, 1-30-2008; R140-12, 12-20-2012, eff. 1-15-2013)