State, Department of Motor Vehicles v. Taylor-Caldwell

OPINION

By the Court,

Douglas, J.:

In this appeal, we confirm that a single test to determine the concentration of alcohol in a person’s breath will require revocation of a driver’s license. We conclude that while NRS 484.386(1) requires that two consecutive samples of breath be taken to provide an evidentiary basis for the concentration of alcohol in a person’s breath, NRS 484.384 does not require that the two consecutive samples be over the legal limit to mandate revocation; only one valid sample must be over the legal limit in order for the Department of Motor Vehicles (DMV) to revoke a…