NV Rev Stat § 484C.394 (2021)
2021 Nevada Revised Statutes|Chapter 484C - Driving Under the Influence of Alcohol or a Prohibited Substance|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.

  1. A court may assign an offender who is found guilty of a violation of NRS 484C.110 or 484C.120 that is punishable pursuant to paragraph (b) or (c) of subsection 1 of NRS 484C.400 to the program established pursuant to NRS 484C.392 for a specified period determined by the court.  2. If the court assigns an offender to the program who is found guilty of a violation of NRS 484C.110 or 484C.120 that is punishable pursuant to paragraph (b) of subsection 1 of NRS 484C.400, the court:  (a) Shall immediately sentence the offender and enter judgment accordingly.  (b) Shall suspend the sentence of the offender upon the condition that the offender participate in the program for a specified period determined by the court.  (c) Shall advise the offender that:  (1) If the offender fails to participate in the program for the period determined by the court or fails to comply with the requirements of the program, the court may require the offender to serve the sentence imposed by the court. Any sentence of imprisonment must be reduced by a time equal to that which the offender served before participating in the program.  (2) If the offender participates in the program for the period determined by the court and complies with the requirements of the program, the offender’s sentence will be reduced to a term of imprisonment which is not longer than that provided for the offense in paragraph (c) of subsection 1 of NRS 484C.330 and a fine of not more than the minimum provided for the offense in NRS 484C.400, but the conviction must remain on the record of criminal history of the offender.  (3) The offender is eligible for a restricted driver’s license pursuant to subsection 4 of NRS 483.490.  (d) Shall not defer the sentence, set aside the conviction or impose conditions upon participation in the program except as otherwise provided in this section.  (e) May immediately revoke the suspension of sentence for a violation of a condition of the suspension.  3. If the court assigns an offender to the program who is found guilty of a violation of NRS 484C.110 or 484C.120 that is punishable pursuant to paragraph (c) of subsection 1 of NRS 484C.400, the court:  (a) Shall immediately, without entering a judgment of conviction and with the consent of the offender, suspend further proceedings and place the offender on probation.  (b) Shall order the offender to participate in the program.  (c) Shall advise the offender that:  (1) The court may enter a judgment of conviction for a violation of paragraph (c) of subsection 1 of NRS 484C.400 if the offender fails to participate in the program for the period determined by the court or fails to comply with the requirements of the program. Any sentence of imprisonment may be reduced by a time equal to that which the offender served before participating in the program.  (2) If the offender participates in the program for the period determined by the court and complies with the requirements of the program, the court will enter a judgment of conviction for a violation of paragraph (b) of subsection 1 of NRS 484C.400.  (3) The provisions of NRS 483.460 requiring the revocation of the license, permit or privilege of the offender to drive do not apply and the offender is eligible for a restricted driver’s license pursuant to subsection 4 of NRS 483.490.  (d) Shall not defer the sentence or set aside the conviction upon participation in the program, except as otherwise provided in this section.  (e) May enter a judgment of conviction and proceed as provided in paragraph (c) of subsection 1 of NRS 484C.400 for a violation of a condition ordered by the court.  4. If a court assigns a person to the program pursuant to this section, the court shall notify the Department of Motor Vehicles that as a participant in the program, the person is eligible for a restricted driver’s license pursuant to subsection 4 of NRS 483.490. If the person fails to comply with the requirements of the program, the court may notify the Department of Motor Vehicles of the person’s noncompliance and direct the Department of Motor Vehicles to revoke the restricted license.  5. The Department of Motor Vehicles may adopt any regulations necessary to provide for the issuance of a restricted driver’s license to a person assigned to the program.  (Added to NRS by 2019, 2749)