NAC50.015. Form of declaration regarding presence, identity or amount of alcohol, controlled substance, chemical, poison, organic solvent or other prohibited substance in blood or urine of person.

A declaration of an expert referred to in NRS 50.320 must be substantially in one of the following forms:

     1. If the sample or substance contained a controlled substance as defined in chapter 453 of NRS or a chemical, poison, organic solvent or another prohibited substance:

     I, ..........................................., hereby declare:

     That I am ................ (occupation) employed by ................ (employer);

     That on ......................... (date) I first qualified in the ................ Court of ................ County, Nevada, a court of record, as an expert witness for the purpose of testifying regarding the presence and identity in the blood or urine of a person of a controlled substance the use or possession of which is regulated by chapter 453 of NRS or a chemical, poison, organic solvent or another prohibited substance, or the identity of a controlled substance alleged to have been in the possession of a person;

     That on ......................... (date) I obtained certain evidence from ................ (person, or evidence vault in sealed container), the evidence bearing Identification No. ..... of ................ (agency) and consisting of ................ for the purpose of performing a chemical analysis on the contents thereof;

     That on ......................... (date) I analyzed the sample or substance and determined it to be or contain ................ (name of controlled substance, chemical, poison, organic solvent or another prohibited substance);

     That on ......................... (date) I replaced the sample or substance in its container and sealed the container with a seal bearing my initials .....;

     That the evidence was in my sole custody or control from the time I obtained it until I resealed its container, at which time it was in substantially the same condition as when I first obtained it; and

     That on ......................... (date) I returned the evidence to ................ (person or evidence vault) or that I still have the evidence in my possession.

     I declare under penalty of perjury that the foregoing is true and correct.

Executed on .........................................                .............................................................................

                            (Date)                                                   (Declarant’s Signature)

                                                                     .............................................................................

                                                                                             (Declarant’s Title)

     2. If the sample contained alcohol:

     I, .........................................., hereby declare:

     That I am ................ (occupation) employed by ................ (employer);

     That on ......................... (date) I first qualified in the ................ Court of ................ County, Nevada, a court of record, as an expert witness for the purpose of testifying regarding the presence and amount of alcohol in the blood or urine of a person;

     That on ......................... (date) I obtained evidence from ................ (person, or evidence vault in sealed container), the evidence bearing Identification No. ..... of ................ (agency) and consisting of a sample of ........ (blood or urine);

     That on ......................... (date) I analyzed the sample and determined that the blood of the person from whom the sample was taken contained a concentration of alcohol of ..... (grams per 100 milliliters of blood);

     That on ......................... (date) I replaced the sample in its container and sealed the container with a seal bearing my initials .....;

     That the evidence was in my sole custody or control from the time I first obtained it until I resealed its container, at which time it was in substantially the same condition as when I first obtained it; and

     That on ......................... (date) I returned the evidence to ................ (person or evidence vault) or that I still have the evidence in my possession.

     I declare under penalty of perjury that the foregoing is true and correct.

Executed on .........................................                .............................................................................

                            (Date)                                                   (Declarant’s Signature)

                                                                     .............................................................................

                                                                                             (Declarant’s Title)

     (Added to NAC by Com. on Testing for Intoxication by R112-97, eff. 5-26-98; A by R137-99, 12-13-99; R140-10, 5-5-2011)