Implied consent to preliminary test of breath; failure to submit to test; use of results of test.
Nev. Rev. Stat. § 488.450
in effect1. Any person who operates or is in actual physical control of a power-driven vessel or sailing vessel under way on the waters of this State shall be deemed to have given consent to a preliminary test of his or her breath to determine the concentration of alcohol in his or her breath when the test is administered at the request of a peace officer after a power-driven vessel or sailing vessel accident or collision while under way or where an officer stops a power-driven vessel or sailing vessel under way, if the officer has reasonable grounds to believe that the person to be tested was:
(a) Operating or 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
(b) Engaging in any other conduct prohibited by NRS 488.410 , 488.420 or 488.425 .
2. If the person fails to submit to the test, the officer shall, if reasonable grounds otherwise exist, arrest the person and take him or her to a convenient place for the administration of a reasonably available evidentiary test under NRS 488.460 .
3. The result of the preliminary test must not be used in any criminal action, except to show there were reasonable grounds to make an arrest.
Source: NV Statutes (Official Site)URL: https://www.leg.state.nv.us/nrs/NRS-488.htmlFetched: 10/4/2026