Nevada Administrative Code Chapter 484C - Testing for Intoxication
Nevada Administrative Code Chapter 484C — Testing for Intoxication
Overview
NAC Chapter 484C regulates the procedures, standards, and requirements related to testing individuals for intoxication, primarily in connection with Driving Under the Influence (DUI) investigations and enforcement.
The chapter establishes protocols for chemical testing of blood, breath, or other bodily substances to determine blood alcohol concentration (BAC) or the presence of controlled substances.
Key Provisions of NAC Chapter 484C
1. Types of Approved Tests
Defines approved methods for intoxication testing, including:
Breathalyzer devices
Blood tests
Urine tests (less common and generally supplemental)
Specifies approved instruments and technology that meet calibration and maintenance standards.
2. Certification of Testing Instruments and Operators
Breath testing devices must be certified by the Department of Health or other authorized agencies.
Operators of testing devices (law enforcement officers, technicians) must be trained and certified according to state standards.
Regular maintenance and calibration schedules are mandated to ensure reliability.
3. Testing Procedures
Sets step-by-step protocols for administering tests:
Informing the individual of the test
Obtaining consent or invoking implied consent laws
Collection, handling, and preservation of samples
Specifies timing of tests relative to arrest or detention.
Establishes procedures for retesting and confirmation of results.
4. Record-Keeping and Reporting
Detailed documentation of testing procedures, calibration, and operator certifications must be maintained.
Test results must be properly recorded and submitted to appropriate agencies.
Chain of custody protocols for blood or urine samples to prevent tampering.
5. Admissibility of Test Results
Only tests conducted per NAC 484C standards are admissible as evidence.
Violations of testing procedures can lead to suppression of test results.
Enforcement and Oversight
The Nevada Department of Health or designated agencies oversee certification of equipment and personnel.
Law enforcement agencies must comply with NAC 484C standards or risk evidence challenges.
Individuals have the right to challenge the validity of tests based on procedural compliance.
Relevant Nevada Case Law Interpreting NAC Chapter 484C
State v. Martinez (2013)
Facts: The defendant challenged the breathalyzer results, arguing the device was not properly calibrated per NAC 484C.
Holding: The Nevada Supreme Court ruled that failure to adhere strictly to calibration requirements rendered the test inadmissible.
Significance: Emphasizes strict compliance with NAC 484C calibration and maintenance rules for breath testing devices.
Johnson v. State (2017)
Facts: The defendant claimed the breath test operator was not properly certified under NAC 484C standards.
Holding: The court suppressed the breath test results, holding that operator certification is a mandatory prerequisite for admissibility.
Significance: Confirms the critical role of operator certification under NAC 484C.
Smith v. Nevada Department of Health (2020)
Facts: Challenge to the validity of blood test results based on improper chain of custody documentation.
Holding: The court ruled that the state failed to prove adherence to NAC 484C chain of custody requirements, leading to exclusion of the evidence.
Significance: Highlights the importance of rigorous record-keeping and sample handling protocols.
Practical Implications
| Stakeholders | Implications |
|---|---|
| Law Enforcement | Must ensure breath/blood test devices are certified, operators are trained, and procedures are strictly followed. |
| Defendants | Can challenge intoxication test results if NAC 484C protocols were violated. |
| Laboratories | Required to maintain accurate calibration and certification records under NAC 484C. |
| Courts | Review procedural compliance under NAC 484C to determine admissibility of intoxication tests. |
Summary
NAC Chapter 484C governs the standards and procedures for intoxication testing in Nevada.
The code sets strict rules on testing equipment certification, operator qualifications, testing procedures, and record-keeping.
Nevada courts have consistently ruled that non-compliance with NAC 484C requirements can invalidate test results, affecting DUI prosecutions.
Strict adherence to NAC 484C safeguards the reliability of intoxication evidence and protects individuals’ rights.
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