1.  A person who is arrested for operating or being in actual physical control of a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance or for engaging in any other conduct prohibited by NRS 488.410, 488.420 or 488.425 must be permitted, upon the person’s request and at his or her expense, reasonable opportunity to have a qualified person of his or her own choosing administer a chemical test to determine:

Terms Used In Nevada Revised Statutes 488.490

  • controlled substance: means a drug, immediate precursor or other substance which is listed in schedule I, II, III, IV or V for control by the State Board of Pharmacy pursuant to NRS 453. See Nevada Revised Statutes 0.031
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • person: means a natural person, any form of business or social organization and any other nongovernmental legal entity including, but not limited to, a corporation, partnership, association, trust or unincorporated organization. See Nevada Revised Statutes 0.039
  • Prohibited substance: has the meaning ascribed to it in NRS 484C. See Nevada Revised Statutes 488.035
  • Under the influence: means impaired to a degree that renders a person incapable of safely operating or exercising actual physical control of a vessel. See Nevada Revised Statutes 488.035
  • Vessel: means every description of watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on water. See Nevada Revised Statutes 488.035

(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 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 peace 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 488.460.

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