State, Department of Motor Vehicles v. Taylor-Caldwell, 126 Nev. 132

Summary

The Nevada Supreme Court held that a single valid breath-test sample showing an alcohol concentration of 0.08 or more is sufficient to require driver's-license revocation under NRS 484.384. The requirement in NRS 484.386(1) that two consecutive samples be taken and differ by no more than 0.02 is an evidentiary requirement validating the test, not a requirement that both samples exceed the legal limit. The court reversed the district court and upheld the Department of Motor Vehicles' revocation of Aundrea Taylor-Caldwell's license.

Holdings

1. NRS 484.384 does not require both consecutive breath samples to show an alcohol concentration of 0.08 or more. One valid breath sample over the legal limit is sufficient to require revocation of a driver's license.

Questions Presented

1. Whether NRS 484.384 requires both consecutive breath samples to show an alcohol concentration of 0.08 or more before the DMV may revoke a driver's license.
2. Whether the two-sample and within-0.02 requirements in NRS 484.386 are evidentiary requirements for validating a breath test rather than separate requirements that both samples exceed the legal limit.

Disposition

reversed