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WEAVER v. STATE, DEP'T OF MOTOR VEHICLES

No. 41586.

117 P.3d 193 (2005)

Michael Shane WEAVER, Appellant, v. The STATE of Nevada, DEPARTMENT OF MOTOR VEHICLES, Respondent.

Supreme Court of Nevada.

August 11, 2005.

Attorney(s) appearing for the Case

Law Offices of John G. Watkins and John Glenn Watkins, Las Vegas, for Appellant.

Brian Sandoval, Attorney General, and Carolyn L. Waters, Deputy Attorney General, Carson City, for Respondent.

Before ROSE, GIBBONS and HARDESTY, JJ.

OPINION

PER CURIAM.

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...

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