Weaver v. State, Department of Motor Vehicles

OPINION

NRS 484.384 provides that if a test reveals a blood or breath alcohol concentration of 0.08 or more, then the person tested loses his or her driver’s license. In this appeal, we consider whether NRS 484.384 violates the constitutional right to due process by not allowing the person tested to present evidence that his or her alcohol level is based on alcohol consumed after driving. We conclude that, when an intervening time period exists between the driver’s operation of a vehicle and his or her arrest, the driver must be permitted under NRS 484.384 to introduce evidence that he or she…