NRS484C.180. Arrested person to be given opportunity to choose qualified person to administer test; substitution of test prohibited.

      1.  A person who is arrested for driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or for engaging in any other conduct prohibited by NRS 484C.110, 484C.120, 484C.130 or 484C.430 must be permitted, upon request and at the person’s expense, reasonable opportunity to have a qualified person of his or her own choosing administer a chemical test or tests to determine:

      (a) The concentration of alcohol in his or her blood or breath; or

      (b) Whether a controlled substance, chemical, poison, organic solvent or another prohibited substance is present in his or her blood or urine.

      2.  The failure or inability to obtain such a test or tests by such a person 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 police 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 484C.160.

      (Added to NRS by 1969, 594; A 1973, 1504; 1999, 2459, 3428; 2001, 172; 2005, 151; 2007, 2804)—(Substituted in revision for NRS 484.391)