NRS484C.630. Adoption of regulations for certification of persons to operate device to test concentration in breath; judicial notice; presumption of proper operation; evidence of test performed by others not precluded.

      1.  The Committee on Testing for Intoxication shall adopt regulations which:

      (a) Establish methods for ascertaining the competence of persons to:

             (1) Operate devices for testing a person’s breath to determine the concentration of alcohol in the person’s breath.

             (2) Examine prospective operators and determine their competence.

      (b) Provide for certification of operators and examiners by the Department of Public Safety. A certificate issued by the Department may not be made effective for longer than 3 years.

Ê A person who is certified as an examiner is presumed to be certified as an operator.

      2.  The Director of the Department of Public Safety shall issue a certificate to any person who is found competent to operate such a device or examine others on their competence in that operation.

      3.  A court shall take judicial notice of the certification of a person to operate devices of one of the certified types. If a test to determine the concentration of alcohol in a person’s breath has been performed with a certified type of device by a person who is certified pursuant to this section, it is presumed that the person operated the device properly.

      4.  This section does not preclude the admission of evidence of a test of a person’s breath where the test has been performed by a person other than one who is certified pursuant to this section.

      (Added to NRS by 1983, 1913; A 1985, 1951; 1993, 2075; 1999, 2459; 2005, 59)—(Substituted in revision for NRS 484.3886)