Form of affidavit regarding presence, identity or amount of alcohol, controlled substance, chemical, poison, organic solvent or other prohibited substance in blood or urine of person

Nevada Administrative Code

Section: 50.010

Jurisdiction: NV

Bluebook Citation: Nev. Admin. Code § 50.010

NAC 50.010 Form of affidavit regarding presence, identity or amount of alcohol, controlled substance, chemical, poison, organic solvent or other prohibited substance in blood or urine of person. ( NRS 50.320 ) An affidavit of an expert referred to in NRS 50.320 must be substantially in one of the following forms: 1. If the sample or substance contained a controlled substance as defined in chapter 453 of NRS or a chemical, poison, organic solvent or another prohibited substance: State of Nevada } }ss. County of............................... } I, ..........................................., being first duly sworn, depose and say: That I am ................ (occupation) employed by ................ (employer); That on ......................... (date) I first qualified in the ................ Court of ................ County, Nevada, a court of record, as an expert witness for the purpose of testifying regarding the presence and identity in the blood or urine of a person of a controlled substance the use or possession of which is regulated by chapter 453 of NRS or a chemical, poison, organic solvent or another prohibited substance, or the identity of a controlled substance alleged to have been in the possession of a person; That on ......................... (date) I obtained certain evidence from ................ (person, or evidence vault in sealed container), the evidence bearing Identification No. ...... of ................ (agency) and consisting of ................ for the purpose of performing a chemical analysis on the contents thereof; That on ......................... (date) I analyzed the sample or substance and determined it to be or contain ................ (name of controlled substance, chemical, poison, organic solvent or other prohibited substance); That on ......................... (date) I replaced the sample or substance in its container and sealed the container with a seal bearing my initials .....; That the evidence was in my sole custody or control from the time I obtained it until I resealed its container, at which time it was in substantially the same condition as when I first obtained it; and That on ......................... (date) I returned the evidence to ................ (person or evidence vault) or that I still have the evidence in my possession. ........................................................... Affiant’s Signature ........................................................... Affiant’s Title Subscribed and sworn to before me this ............. day of the month of ........... of the year ...... ................................................................................... Notary Public 2. If the sample contained alcohol: State of Nevada } }ss. County of............................... } I, .........................................., being first duly sworn, depose and say: That I am ................ (occupation) employed by ................ (employer); That on ......................... (date) I first qualified in the ................ Court of ................ County, Nevada, a court of record, as an expert witness for the purpose of testifying regarding the presence and amount of alcohol in the blood or urine of a person; That on ......................... (date) I obtained evidence from ................ (person, or evidence vault in sealed container), the evidence bearing Identification No. ...... of ................ (agency) and consisting of a sample of ........ (blood or urine); That on ......................... (date) I analyzed the sample and determined that the blood of the person from whom the sample was taken contained a concentration of alcohol of ..... (grams per 100 milliliters of blood); That on ......................... (date) I replaced the sample in its container and sealed the container with a seal bearing my initials .....; That the evidence was in my sole custody or control from the time I first obtained it until I resealed its container, at which time it was in substantially the same condition as when I first obtained it; and That on ......................... (date) I returned the evidence to ................ (person or evidence vault) or that I still have the evidence in my possession. ........................................................... Affiant’s Signature ........................................................... Affiant’s Title Subscribed and sworn to before me this ............. day of the month of ........... of the year ...... ................................................................................... Notary Public (Added to NAC by Com. on Testing for Intoxication, eff. 10-26-83; A by R112-97, 5-26-98; R137-99, 12-13-99; R140-10, 5-5-2011)

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