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2021 Nevada Revised Statutes
Chapter 484C - Driving Under the Influence of Alcohol or a Prohibited Substance
GENERAL PROVISIONS
Criminal Penalties
- NRS 484C.010 - Definitions.
- NRS 484C.020 - "Concentration of alcohol of 0.08 or more in his or her blood or breath" defined. [Effective until the date of the repeal of the federal law requiring each state to make it unlawful for a person to operate a motor vehicle with a blood alcohol concentration of 0.08 percent or greater as a condition to receiving federal funding for the construction of highways in this State.]
- NRS 484C.020 - "Concentration of alcohol of 0.10 or more in his or her blood or breath" defined. [Effective on the date of the repeal of the federal law requiring each state to make it unlawful for a person to operate a motor vehicle with a blood alcohol concentration of 0.08 percent or greater as a condition to receiving federal funding for the construction of highways in this State.]
- NRS 484C.030 - "Concentration of alcohol of 0.18 or more in his or her blood or breath" defined.
- NRS 484C.040 - "Concentration of alcohol of less than 0.18 in his or her blood or breath" defined.
- NRS 484C.050 - "Evaluation center" defined.
- NRS 484C.060 - "License to drive a motor vehicle" defined.
- NRS 484C.070 - "Nonresident’s driving privilege" defined.
- NRS 484C.080 - "Prohibited substance" defined.
- NRS 484C.090 - "Revocation of driver’s license" defined.
- NRS 484C.100 - "Treatment provider" defined.
- NRS 484C.105 - "Under the influence" defined.
- NRS 484C.109 - Person deemed not to be in actual physical control of vehicle in certain circumstances.
- NRS 484C.110 - Unlawful acts; affirmative defense; additional penalty for violation committed in work zone or pedestrian safety zone. [Effective until the date of the repeal of the federal law requiring each state to make it unlawful for a person to operate a motor vehicle with a blood alcohol concentration of 0.08 percent or greater as a condition to receiving federal funding for the construction of highways in this State.]
- NRS 484C.110 - Unlawful acts; affirmative defense; additional penalty for violation committed in work zone or pedestrian safety zone. [Effective on the date of the repeal of the federal law requiring each state to make it unlawful for a person to operate a motor vehicle with a blood alcohol concentration of 0.08 percent or greater as a condition to receiving federal funding for the construction of highways in this State.]
- NRS 484C.120 - Unlawful acts relating to operation of commercial motor vehicle; affirmative defense; additional penalty for violation committed in work zone or pedestrian safety zone. [Effective until the date of the repeal of the federal law requiring each state to make it unlawful for a person to operate a motor vehicle with a blood alcohol concentration of 0.08 percent or greater as a condition to receiving federal funding for the construction of highways in this State.]
- NRS 484C.120 - Unlawful acts relating to operation of commercial motor vehicle; affirmative defense; additional penalty for violation committed in work zone or pedestrian safety zone. [Effective on the date of the repeal of the federal law requiring each state to make it unlawful for a person to operate a motor vehicle with a blood alcohol concentration of 0.08 percent or greater as a condition to receiving federal funding for the construction of highways in this State.]
- NRS 484C.130 - Vehicular homicide; affirmative defense. [Effective until the date of the repeal of the federal law requiring each state to make it unlawful for a person to operate a motor vehicle with a blood alcohol concentration of 0.08 percent or greater as a condition to receiving federal funding for the construction of highways in this State.]
- NRS 484C.130 - Vehicular homicide; affirmative defense. [Effective on the date of the repeal of the federal law requiring each state to make it unlawful for a person to operate a motor vehicle with a blood alcohol concentration of 0.08 percent or greater as a condition to receiving federal funding for the construction of highways in this State.]
- NRS 484C.150 - Implied consent to preliminary test of person’s breath; effect of failure to submit to test; use of results of test.
- NRS 484C.160 - Implied consent to evidentiary test; exemption from blood test; choice of test; when blood test may be requested; when other tests may be used; reasonable force authorized to obtain test in certain circumstances; notification of parent, guardian or custodian of minor requested to submit to test.
- NRS 484C.170 - Analysis of blood of deceased victim of crash involving motor vehicle to determine presence and concentration of alcohol.
- NRS 484C.180 - Arrested person to be given opportunity to choose qualified person to administer test; substitution of test prohibited.
- NRS 484C.190 - Presumption that solution or gas used to calibrate or verify calibration of device for testing breath is properly prepared.
- NRS 484C.200 - Requirements for evidentiary test of breath to determine concentration of alcohol in breath; refusal or failure to submit to test.
- NRS 484C.210 - Revocation of license, permit or privilege to drive when person fails to submit to evidentiary test or when test shows concentration of alcohol of 0.08 or more in blood or breath or detectable amount of controlled or prohibited substance in blood or urine; installation of device in motor vehicle; periods of ineligibility to run consecutively. [Effective through the earlier of June 30, 2020, or the date of the repeal of the federal law requiring each state to make it unlawful for a person to operate a motor vehicle with a blood alcohol concentration of 0.08 percent or greater as a condition to receiving federal funding for the construction of highways in this State.]
- NRS 484C.210 - Revocation of license, permit or privilege to drive when person fails to submit to evidentiary test or when test shows concentration of alcohol of 0.08 or more in blood or breath or detectable amount of controlled or prohibited substance in blood or urine; installation of device in motor vehicle; periods of ineligibility to run consecutively. [Effective July 1, 2020, and until the date of the repeal of the federal law requiring each state to make it unlawful for a person to operate a motor vehicle with a blood alcohol concentration of 0.08 percent or greater as a condition to receiving federal funding for the construction of highways in this State.]
- NRS 484C.210 - Revocation of license, permit or privilege to drive when person fails to submit to evidentiary test or when test shows concentration of alcohol of 0.10 or more in blood or breath or detectable amount of controlled or prohibited substance in blood or urine; installation of device in motor vehicle; periods of ineligibility to run consecutively. [Effective on the date of the repeal of the federal law requiring each state to make it unlawful for a person to operate a motor vehicle with a blood alcohol concentration of 0.08 percent or greater as a condition to receiving federal funding for the construction of highways in this State.]
- NRS 484C.220 - Seizure of license or permit; order of revocation; administrative and judicial review; temporary license; sufficiency of notice. [Effective through the earlier of June 30, 2020, or the date of the repeal of the federal law requiring each state to make it unlawful for a person to operate a motor vehicle with a blood alcohol concentration of 0.08 percent or greater as a condition to receiving federal funding for the construction of highways in this State.]
- NRS 484C.220 - Seizure of license or permit; order of revocation; administrative and judicial review; temporary license; sufficiency of notice. [Effective July 1, 2020, and until the date of the repeal of the federal law requiring each state to make it unlawful for a person to operate a motor vehicle with a blood alcohol concentration of 0.08 percent or greater as a condition to receiving federal funding for the construction of highways in this State.]
- NRS 484C.220 - Seizure of license or permit; order of revocation; administrative and judicial review; temporary license; sufficiency of notice. [Effective on the date of the repeal of the federal law requiring each state to make it unlawful for a person to operate a motor vehicle with a blood alcohol concentration of 0.08 percent or greater as a condition to receiving federal funding for the construction of highways in this State.]
- NRS 484C.230 - Hearing by Department; additional temporary license; judicial review; cancellation of temporary license. [Effective through the earlier of June 30, 2020, or the date of the repeal of the federal law requiring each state to make it unlawful for a person to operate a motor vehicle with a blood alcohol concentration of 0.08 percent or greater as a condition to receiving federal funding for the construction of highways in this State.]
- NRS 484C.230 - Hearing by Department; additional temporary license; judicial review; cancellation of temporary license. [Effective July 1, 2020, and until the date of the repeal of the federal law requiring each state to make it unlawful for a person to operate a motor vehicle with a blood alcohol concentration of 0.08 percent or greater as a condition to receiving federal funding for the construction of highways in this State.]
- NRS 484C.230 - Hearing by Department; additional temporary license; judicial review; cancellation of temporary license. [Effective on the date of the repeal of the federal law requiring each state to make it unlawful for a person to operate a motor vehicle with a blood alcohol concentration of 0.08 percent or greater as a condition to receiving federal funding for the construction of highways in this State.]
- NRS 484C.240 - Admissibility of evidence of refusal to submit to evidentiary test; availability of results of test; admissibility of evidence from test.
- NRS 484C.250 - Admissibility of results of blood test in hearing or criminal action; immunity from liability for person administering blood test in certain circumstances.
- NRS 484C.300 - Evaluation of certain offenders before sentencing; persons qualified to conduct evaluation; results of evaluation to be forwarded to Director of Department of Corrections.
- NRS 484C.310 - Standards for approval of evaluation center.
- NRS 484C.320 - Application by first-time offender to undergo program of treatment; sentencing of offender and conditional suspension of sentence; notice to Department. [Effective through June 30, 2020.]
- NRS 484C.320 - Application by first-time offender to undergo program of treatment; sentencing of offender and conditional suspension of sentence; notice to Department. [Effective July 1, 2020.]
- NRS 484C.330 - Application by second-time offender to undergo program of treatment; sentencing of offender and conditional suspension of sentence; notice to Department. [Effective through June 30, 2020.]
- NRS 484C.330 - Application by second-time offender to undergo program of treatment; sentencing of offender and conditional suspension of sentence; notice to Department. [Effective July 1, 2020.]
- NRS 484C.340 - Application by third-time offender to undergo program of treatment; sentencing of offender and conditional suspension of proceedings; requirements to participate in program of treatment; certain previous convictions preclude offender from participating in program of treatment. [Effective through June 30, 2020.]
- NRS 484C.340 - Application by third-time offender to undergo program of treatment; sentencing of offender and conditional suspension of proceedings; requirements to participate in program of treatment; certain previous convictions preclude offender from participating in program of treatment. [Effective July 1, 2020.]
- NRS 484C.350 - Evaluation of first-time offender with a concentration of alcohol of 0.18 in his or her blood or breath and of second-time offenders required; required evaluation of first-time offender under 21 years of age; requirements of evaluation; out-of-state evaluation; offender to pay cost of evaluation.
- NRS 484C.360 - Placement of offender under clinical supervision of treatment provider; payment of charges for treatment; liability of provider limited.
- NRS 484C.365 - Placement of offender under clinical supervision of treatment provider in another jurisdiction authorized.
- NRS 484C.370 - Evaluation or treatment by private company authorized.
- NRS 484C.372 - Short title.
- NRS 484C.373 - Legislative declarations.
- NRS 484C.374 - Definitions.
- NRS 484C.376 - "Core components" defined.
- NRS 484C.378 - "Designated law enforcement agency" defined.
- NRS 484C.380 - "Immediate sanction" defined.
- NRS 484C.383 - "Political subdivision" defined.
- NRS 484C.385 - "Program" defined.
- NRS 484C.386 - "Program participant" defined.
- NRS 484C.388 - "Testing" defined.
- NRS 484C.390 - "Timely sanction" defined.
- NRS 484C.392 - Sobriety and drug monitoring program: Establishment; political subdivision may participate; core components; requirements.
- NRS 484C.393 - Sobriety and drug monitoring program: Department of Public Safety may assist political subdivision; political subdivision to designate law enforcement agency to enforce program; powers and duties of law enforcement agency.
- NRS 484C.394 - Court may assign offender to program; duties of court; notices required to offender and Department of Motor Vehicles; eligibility for restricted driver’s license; regulations.
- NRS 484C.395 - Requirements for offender in program.
- NRS 484C.396 - Guidelines to be adopted by political subdivision participating in program; requirements; establishment of fees.
- NRS 484C.397 - Designated law enforcement agency to collect fees; disposition of fees.
Criminal Penalties
- NRS 484C.400 - Penalties for first, second and third offenses; segregation of offender; intermittent confinement; consecutive sentences; aggravating factor.
- NRS 484C.410 - Penalties when offender previously convicted of certain felonious conduct or homicide; segregation of offender; intermittent confinement; consecutive sentences; aggravating factor.
- NRS 484C.420 - Probation prohibited; suspension of sentence and plea bargaining restricted; exception; mandatory orders when person is nonresident.
- NRS 484C.430 - Penalty if death or substantial bodily harm results; exception; segregation of offender; plea bargaining restricted; suspension of sentence and probation prohibited; affirmative defense; exception; aggravating factor. [Effective until the date of the repeal of the federal law requiring each state to make it unlawful for a person to operate a motor vehicle with a blood alcohol concentration of 0.08 percent or greater as a condition to receiving federal funding for the construction of highways in this State.]
- NRS 484C.430 - Penalty if death or substantial bodily harm results; exception; segregation of offender; plea bargaining restricted; suspension of sentence and probation prohibited; affirmative defense; exception; aggravating factor. [Effective on the date of the repeal of the federal law requiring each state to make it unlawful for a person to operate a motor vehicle with a blood alcohol concentration of 0.08 percent or greater as a condition to receiving federal funding for the construction of highways in this State.]
- NRS 484C.440 - Penalties for vehicular homicide; segregation of offender; plea bargaining restricted; suspension of sentence and probation prohibited; aggravating factor.
- NRS 484C.450 - "Device" defined.
- NRS 484C.460 - When court is authorized or required to order installation of device; exceptions; installation and inspection.
- NRS 484C.470 - Extension of order to install device; penalties for tampering with or driving without device; probation and suspension of sentence prohibited; plea bargaining restricted.
- NRS 484C.475 - Penalty for person providing sample of breath for device of another person.
- NRS 484C.480 - Regulations.
- NRS 484C.500 - Civil penalty; cancellation of reinstated license upon conviction for violation of NRS 484C.110 or 484C.120; notice.
- NRS 484C.510 - Fee for chemical analysis.
- NRS 484C.515 - Fee for specialty court programs.
- NRS 484C.520 - Mandatory suspension of registration of each motor vehicle registered to person convicted of second or subsequent violation or convicted of vehicular homicide; duration of suspension; court to forward copy of order to Department; contents of order; limited exceptions.
- NRS 484C.530 - Offender to attend meeting of panel of victims and provide proof of attendance to court.
- NRS 484C.600 - Creation; appointment and qualifications of members; meetings; quorum; appeal from decision of Committee.
- NRS 484C.610 - Certification of breath-testing devices; creation and maintenance of list of such devices; presumption of accuracy and reliability of device; other evidence of concentration of alcohol in breath not precluded.
- NRS 484C.620 - Adoption of regulations to prescribe standards and procedures to calibrate breath-testing devices; issuance of certificates by Director of Department of Public Safety.
- NRS 484C.630 - Adoption of regulations for certification of persons to operate device to test concentration in breath; judicial notice; presumption of proper operation; evidence of test performed by others not precluded.
- NRS 484C.640 - Adoption of regulations for calibration of devices to test blood or urine and certification of persons who calibrate or operate devices or who examine operators; adoption of regulations concerning operation of devices to test blood or urine.
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