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.
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)