1. 1. A person who is arrested for operating or being in actual physical control of a power-driven vessel or sailing vessel under way 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:

   1. (a) The concentration of alcohol in his or her blood or breath; or
   2. (b) Whether a controlled substance, chemical, poison, organic solvent or another prohibited substance is present in his or her blood or urine.
2. 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. 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.

(Added to NRS by 1987, 628; A 1999, 2467, 3435; 2001, 172; 2005, 160; 2023, 550)