Nevada Revised Statutes

Nev. Rev. Stat. § 484C.150 (2026)

Implied consent to preliminary test of person’s breath; effect of failure to submit to test; prohibited use of test results in criminal action

✓ current as of July 2026
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NRS 484C.150  Implied consent to preliminary test of person’s breath; effect of failure to submit to test; prohibited use of test results in criminal action.

      1.  Any person who drives or is in actual physical control of a vehicle on a highway or on premises to which the public has access shall be deemed to have given his or her 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 police officer at the scene of a vehicle crash or where the police officer stops a vehicle, if the officer has reasonable grounds to believe that the person to be tested was:

      (a) Driving or in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance; or

      (b) Engaging in any other conduct prohibited by NRS 484C.110, 484C.120, 484C.130 or 484C.430.

      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 484C.160.

      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.

      (Added to NRS by 1983, 1066; A 1993, 2072; 1995, 1883; 1999, 2453, 3424; 2001, 172; 2005, 148; 2007, 2802; 2015, 1638, 2535; 2021, 2454)—(Substituted in revision for NRS 484.382)

     

Notes of Decisions
Cited in 7 cases (2 in the last 5 years), 2014–2025 · leading case: Jonathan Albert Leal v. State, 452 S.W.3d 14 (Tex. App. 2014).
Jonathan Albert Leal v. State, 452 S.W.3d 14 (Tex. App. 2014). · cites it 2× “01 (Westlaw); Nev. Rev. Stat. Ann. §§ 484C.150, 484C.160 (Westlaw) (permitting use of “reasonable force” under certain circumstances when a person refuses); N.”
State v. Sample, 414 P.3d 814 (Nev. 2018). “Pursuant to NRS 484C.150(3), PBT results are not admissible "in any criminal action, except to show there were reasonable grounds to make an arrest.”
Urias (brandon) v. Dist. Ct. (state) (Crim.), 568 P.3d 576 (Nev. 2025). “120(1)-(3) (same); NRS 484C.150(1) (same); NRS 484C.160(1) (same); NRS 484E.”
State Vs. Sample (gregory), 2018 NV 23 (Nev. 2018). · cites it 2× “Because the PBT 1 Pursuant to NRS 484C.150(3), PBT results are not admissible "in any criminal action, except to show there were reasonable grounds to make an arrest.”
Hagh (Russ) Vs. State, 476 P.3d 435 (Nev. 2020). · cites it 2× “NRS 484C.150(3) provides that "Nile result of the preliminary test must not be used in any criminal action, except to show there were reasonable grounds to make an arrest.”
Hay v. Kruger (D. Nev. 2024). · cites it 2× “, NRS § 484C.150, required 25 Hay to submit to performing a PBT under the circumstances.”
State Vs. Sample (gregory), 2018 NV 23 (Nev. 2018). “Because the PBT 1 Pursuant to NRS 484C.150(3), PBT results are not admissible "in any criminal action, except to show there were reasonable grounds to make an arrest.”
— Nev. Rev. Stat. § 484C.150(1) — 1 case
Urias (brandon) v. Dist. Ct. (state) (Crim.), 568 P.3d 576 (Nev. 2025). “120(1)-(3) (same); NRS 484C.150(1) (same); NRS 484C.160(1) (same); NRS 484E.”
— Nev. Rev. Stat. § 484C.150(3) — 4 cases
State v. Sample, 414 P.3d 814 (Nev. 2018). “Pursuant to NRS 484C.150(3), PBT results are not admissible "in any criminal action, except to show there were reasonable grounds to make an arrest.”
State Vs. Sample (gregory), 2018 NV 23 (Nev. 2018). “Because the PBT 1 Pursuant to NRS 484C.150(3), PBT results are not admissible "in any criminal action, except to show there were reasonable grounds to make an arrest.”
Hagh (Russ) Vs. State, 476 P.3d 435 (Nev. 2020). “NRS 484C.150(3) provides that "Nile result of the preliminary test must not be used in any criminal action, except to show there were reasonable grounds to make an arrest.”
State Vs. Sample (gregory), 2018 NV 23 (Nev. 2018). “Because the PBT 1 Pursuant to NRS 484C.150(3), PBT results are not admissible "in any criminal action, except to show there were reasonable grounds to make an arrest.”
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