NV Supreme Court says just one DUI test needed to revoke a license
CARSON CITY, Nev. (AP) – The Nevada Supreme Court says only one failed sobriety test is needed to revoke a person’s driver’s license.
While state law requires two consecutive tests, Thursday’s ruling by a three-judge panel says only one must be over the legal limit of 0.08 percent to revoke a license.
The opinion overturns a lower court ruling by Clark County District Judge Michelle Leavitt.
Justices say the requirement that two samples be taken with results within 0.02 percent is to validate the tests’ accuracy.
The case involved Aundrea Taylor-Caldwell. Her first breath test came back at 0.073 percent, under the legal limit. The second was 0.083 percent. Both were within the validation range.
An administrative law judge initially upheld her license revocation, which was reversed by Leavitt until the high court ruling.