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STATE, DMV v. TAYLOR-CALDWELL

No. 53041.

229 P.3d 471 (2010)

The STATE of Nevada, DEPARTMENT OF MOTOR VEHICLES, Appellant, v. Aundrea TAYLOR-CALDWELL, Respondent.

Supreme Court of Nevada.

May 6, 2010.

Attorney(s) appearing for the Case

Catherine Cortez Masto, Attorney General, and Binu G. Palal, Deputy Attorney General, Carson City, for Appellant.

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

BEFORE HARDESTY, DOUGLAS and PICKERING, JJ.

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...

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