reglab/statecodes huggingface dataset:
2023 Nevada Revised Statutes › Chapter 484C - Driving Under the Influence of Alcohol or a Prohibited Substance › NRS 484C.100 - "Treatment provider" defined.

"Treatment provider" has the meaning ascribed to it in NRS 458.010.
(Added to NRS by 1993, 2890; A 1997, 1748; 1999, 1882; 2001, 435; 2015, 754)—(Substituted in revision for part of NRS 484.3793)
2023 Nevada Revised Statutes › Chapter 484C - Driving Under the Influence of Alcohol or a Prohibited Substance › NRS 484C.109 - Person deemed not to be in actual physical control of vehicle in certain circumstances.

For the purposes of this chapter, a person shall be deemed not to be in actual physical control of a vehicle if:
1. The person is asleep inside the vehicle;
2. The person is not in the driver’s seat of the vehicle;
3. The engine of the vehicle is not running;
4. The vehicle is lawfully parked; and
5. Under the facts presented, it is evident that the person could not have driven the vehicle to the location while under the influence of intoxicating liquor, a controlled substance or a prohibited substance.
(Added to NRS by 2015, 2535)
2023 Nevada Revised Statutes › Chapter 484C - Driving Under the Influence of Alcohol or a Prohibited Substance › NRS 484C.150 - Implied consent to preliminary test of person’s breath; effect of failure to submit to test; prohibited use of test results in criminal action.

1. Any person who drives or is in actual physical control of a vehicle on a highway or on premises to which the public has access shall be deemed to have given his or her consent to a preliminary test of his or her breath to determine the concentration of alcohol in his or her breath when the test is administered at the request of a police officer at the scene of a vehicle crash or where the police officer stops a vehicle, if the officer has reasonable grounds to believe that the person to be tested was:
(a) Driving or in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance; or
(b) Engaging in any other conduct prohibited by NRS 484C.110, 484C.120, 484C.130 or 484C.430.
2. If the person fails to submit to the test, the officer shall, if reasonable grounds otherwise exist, arrest the person and take him or her to a convenient place for the administration of a reasonably available evidentiary test under NRS 484C.160.
3. The result of the preliminary test must not be used in any criminal action, except to show there were reasonable grounds to make an arrest.
(Added to NRS by 1983, 1066; A 1993, 2072; 1995, 1883; 1999, 2453, 3424; 2001, 172; 2005, 148; 2007, 2802; 2015, 1638, 2535; 2021, 2454)—(Substituted in revision for NRS 484.382)
2023 Nevada Revised Statutes › Chapter 484C - Driving Under the Influence of Alcohol or a Prohibited Substance › NRS 484C.170 - Analysis of blood of deceased victim of crash involving motor vehicle to determine presence and concentration of alcohol.

1. Any coroner, or other public official performing like duties, shall in all cases in which a death has occurred as a result of a crash involving a motor vehicle, whether the person killed is a driver, passenger or pedestrian, cause to be drawn from each decedent, within 8 hours of the crash, a blood sample to be analyzed for the presence and concentration of alcohol.
2. The findings of the examinations are a matter of public record and must be reported to the Department by the coroner or other public official within 30 days after the death.
3. Blood-alcohol analyses are acceptable only if made by laboratories licensed to perform this function.
(Added to NRS by 1973, 893; A 1985, 1952; 1999, 2460; 2015, 1638)—(Substituted in revision for NRS 484.394)
2023 Nevada Revised Statutes › Chapter 484C - Driving Under the Influence of Alcohol or a Prohibited Substance › NRS 484C.180 - Arrested person to be given opportunity to choose qualified person to administer test; substitution of test prohibited.

1. A person who is arrested for driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or for engaging in any other conduct prohibited by NRS 484C.110, 484C.120, 484C.130 or 484C.430 must be permitted, upon request and at the person’s expense, reasonable opportunity to have a qualified person of his or her own choosing administer a chemical test or tests to determine:
(a) The concentration of alcohol in his or her blood or breath; or
(b) Whether a controlled substance, chemical, poison, organic solvent or another prohibited substance is present in his or her blood or urine.
2. The failure or inability to obtain such a test or tests by such a person does not preclude the admission of evidence relating to the refusal to submit to a test or relating to a test taken upon the request of a police officer.
3. A test obtained under the provisions of this section may not be substituted for or stand in lieu of the test required by NRS 484C.160.
(Added to NRS by 1969, 594; A 1973, 1504; 1999, 2459, 3428; 2001, 172; 2005, 151; 2007, 2804)—(Substituted in revision for NRS 484.391)
2023 Nevada Revised Statutes › Chapter 484C - Driving Under the Influence of Alcohol or a Prohibited Substance › NRS 484C.190 - Presumption that solution or gas used to calibrate or verify calibration of device for testing breath is properly prepared.

If:
1. A manufacturer or technician in a laboratory prepares a chemical solution or gas to be used in calibrating, or to verify the calibration of, a device for testing a person’s breath to determine the concentration of alcohol in his or her breath; and
2. A person who is certified pursuant to NRS 484C.620 examines the solution or gas, confirms the concentration of alcohol contained in the solution or gas, and makes an affidavit or declaration that identifies the concentration of alcohol contained in the solution or gas and states that the solution or gas has the chemical composition that is necessary for use in accurately calibrating, or verifying the calibration of, the device,
it is presumed that the solution or gas has been properly prepared and is suitable for use in calibrating, or verifying the calibration of, the device.
(Added to NRS by 1983, 1913; A 1987, 686; 1993, 2076; 1999, 2460; 2013, 289)—(Substituted in revision for NRS 484.3935)
2023 Nevada Revised Statutes › Chapter 484C - Driving Under the Influence of Alcohol or a Prohibited Substance › NRS 484C.200 - Requirements for evidentiary test of breath to determine concentration of alcohol in breath; refusal or failure to submit to test.

1. Except as otherwise provided in subsection 2, an evidentiary test of breath to determine the concentration of alcohol in a person’s breath may be used to establish that concentration only if two consecutive samples of the person’s breath are taken and:
(a) The difference between the concentration of alcohol in the person’s breath indicated by the two samples is less than or equal to 0.02;
(b) If the provisions of paragraph (a) do not apply, a third evidentiary test of breath is administered and the difference between the concentration of alcohol in the person’s breath indicated by the third sample and one of the first two samples is less than or equal to 0.02; or
(c) If the provisions of paragraphs (a) and (b) do not apply, a fourth evidentiary test is administered. Except as otherwise provided in NRS 484C.160, the fourth evidentiary test must be a blood test.
2. If the person fails to provide the second or third consecutive sample, or to submit to the fourth evidentiary test, the results of the first test may be used alone as evidence of the concentration of alcohol in the person’s breath. If for some other reason a second, third or fourth sample is not obtained, the results of the first test may be used with all other evidence presented to establish the concentration.
3. If a person refuses or otherwise fails to provide a second or third consecutive sample or submit to a fourth evidentiary test, such refusal or failure constitutes a failure to submit to a required test as provided in NRS 484C.160.
(Added to NRS by 1985, 1226; A 1991, 957; 1993, 2074; 1995, 1886; 1999, 2457; 2015, 2537)—(Substituted in revision for NRS 484.386)
2023 Nevada Revised Statutes › Chapter 484C - Driving Under the Influence of Alcohol or a Prohibited Substance › NRS 484C.240 - Admissibility of evidence of refusal to submit to evidentiary test; availability of results of test; admissibility of evidence from test.

1. If a person refuses to submit to a required chemical test provided for in NRS 484C.150 or 484C.160, evidence of that refusal is admissible in any criminal or administrative action arising out of acts alleged to have been committed while the person was:
(a) Driving or in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or with a prohibited substance in his or her blood or urine; or
(b) Engaging in any other conduct prohibited by NRS 484C.110, 484C.120, 484C.130 or 484C.430.
2. Except as otherwise provided in subsection 3 of NRS 484C.150, a court or hearing officer may not exclude evidence of a required test or failure to submit to such a test if the police officer or other person substantially complied with the provisions of NRS 484C.150 to 484C.250, inclusive, and 484C.600 to 484C.640, inclusive.
3. If a person submits to a chemical test provided for in NRS 484C.150 or 484C.160, full information concerning that test must be made available, upon request of the person, to the person or his or her attorney.
4. Evidence of a required test is not admissible in a criminal or administrative proceeding unless it is shown by documentary or other evidence that the law enforcement agency calibrated the breath-testing device and otherwise maintained it as required by the regulations of the Committee on Testing for Intoxication.
(Added to NRS by 1969, 594; A 1973, 1504; 1983, 1078, 1914; 1993, 2076; 1995, 1888; 1999, 3428; 2005, 150; 2007, 2804; 2015, 2540)—(Substituted in revision for NRS 484.389)
2023 Nevada Revised Statutes › Chapter 484C - Driving Under the Influence of Alcohol or a Prohibited Substance › 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.

1. The results of any blood test administered under the provisions of NRS 484C.160 or 484C.180 are not admissible in any hearing or criminal action arising out of acts alleged to have been committed by a person who was driving or in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or with a prohibited substance in his or her blood or urine or who was engaging in any other conduct prohibited by NRS 484C.110, 484C.120, 484C.130 or 484C.430 unless:
(a) The blood tested was withdrawn by a person, other than an arresting officer, who:
(1) Is a physician, physician assistant licensed pursuant to chapter 630 or 633 of NRS, registered nurse, licensed practical nurse, advanced emergency medical technician, paramedic or a phlebotomist, technician, technologist or assistant employed in a medical laboratory; or
(2) Has special knowledge, skill, experience, training and education in withdrawing blood in a medically acceptable manner, including, without limitation, a person qualified as an expert on that subject in a court of competent jurisdiction or a person who has completed a course of instruction that qualifies him or her to take an examination in phlebotomy that is administered by the American Medical Technologists or the American Society for Clinical Pathology; and
(b) The test was performed on whole blood, except if the sample was clotted when it was received by the laboratory, the test may be performed on blood serum or plasma.
2. The limitation contained in paragraph (a) of subsection 1 does not apply to the taking of a chemical test of the urine, breath or other bodily substance.
3. No person listed in paragraph (a) of subsection 1 incurs any civil or criminal liability as a result of the administering of a blood test when requested by a police officer or the person to be tested to administer the test.
(Added to NRS by 1969, 595; A 1973, 1505; 1981, 1362; 1983, 1078, 1914; 1987, 1154; 1999, 3429; 2001, 791; 2005, 151, 2041; 2007, 1868, 2804; 2013, 105, 963; 2015, 2541)—(Substituted in revision for NRS 484.393)
2023 Nevada Revised Statutes › Chapter 484C - Driving Under the Influence of Alcohol or a Prohibited Substance › 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 or court with jurisdiction over offender.

1. Before sentencing an offender for a violation of NRS 484C.110 or 484C.120 that is punishable as a felony pursuant to NRS 484C.400 or 484C.410, other than an offender who has been evaluated pursuant to NRS 484C.340, or a violation of NRS 484C.130 or 484C.430, the court shall require that the offender be evaluated to determine whether the offender has an alcohol or other substance use disorder and whether the offender can be treated successfully for the condition.
2. The evaluation must be conducted by:
(a) An alcohol and drug counselor who is licensed or certified, or a clinical alcohol and drug counselor who is licensed, pursuant to chapter 641C of NRS, to make such an evaluation;
(b) A physician who is certified to make such an evaluation by the Board of Medical Examiners;
(c) An advanced practice registered nurse who is certified to make such an evaluation by the State Board of Nursing; or
(d) A psychologist who is certified to make such an evaluation by the Board of Psychological Examiners.
3. The alcohol and drug counselor, clinical alcohol and drug counselor, physician, advanced practice registered nurse or psychologist who conducts the evaluation shall immediately forward the results of the evaluation to the Director of the Department of Corrections or, if the offender is assigned to any specialty court or diversionary program, to the court having jurisdiction over the offender.
(Added to NRS by 1991, 784; A 1993, 1643, 2016; 1999, 1886, 3074; 2001 Special Session, 245; 2005, 146, 613; 2007, 1064, 2800, 3092; 2019, 502; 2021, 2458)—(Substituted in revision for NRS 484.3796)
2023 Nevada Revised Statutes › Chapter 484C - Driving Under the Influence of Alcohol or a Prohibited Substance › NRS 484C.310 - Standards for approval of evaluation center.

The State Board of Health shall adopt by regulation the standards to be used for approving the operation of a facility as an evaluation center for the purposes of NRS 484C.310 to 484C.360, inclusive.
(Added to NRS by 1993, 2890; A 1997, 1748; 1999, 1882; 2001, 435)—(Substituted in revision for NRS 484.37935)
2023 Nevada Revised Statutes › Chapter 484C - Driving Under the Influence of Alcohol or a Prohibited Substance › NRS 484C.360 - Placement of offender under clinical supervision of treatment provider; monthly progress reports; payment of charges for treatment; liability of provider limited.

1. When a program of treatment is ordered pursuant to NRS 484C.340 or subsection 1 of NRS 484C.400, the court shall place the offender under the clinical supervision of a treatment provider for treatment in accordance with the report submitted to the court pursuant to NRS 484C.340 or subsection 3, 4, 5 or 6 of NRS 484C.350, as appropriate. The court shall:
(a) Order the offender to be placed under the supervision of a treatment provider, then release the offender for supervised aftercare in the community; or
(b) Release the offender for treatment in the community,
for the period of supervision ordered by the court.
2. The court shall:
(a) Require the treatment provider to submit monthly progress reports on the treatment of an offender pursuant to this section; and
(b) Order the offender, to the extent of his or her financial resources, to pay any charges for treatment pursuant to this section. If the offender does not have the financial resources to pay all those charges, the court shall, to the extent possible, arrange for the offender to obtain the treatment from a treatment provider that receives a sufficient amount of federal or state money to offset the remainder of the charges.
3. A treatment provider is not liable for any damages to person or property caused by a person who:
(a) Drives, operates or is in actual physical control of a vehicle, a power-driven vessel or a sailing vessel under way while under the influence of intoxicating liquor or a controlled substance; or
(b) Engages in any other conduct prohibited by NRS 484C.110, 484C.120, 484C.130, 484C.430, subsection 2 of NRS 488.400, NRS 488.410, 488.420 or 488.425 or a law of any other jurisdiction that prohibits the same or similar conduct,
after the treatment provider has certified that the offender has successfully completed a program of treatment ordered pursuant to NRS 484C.340 or subsection 1 of NRS 484C.400.
(Added to NRS by 1993, 2891; A 1995, 421; 1997, 135; 1999, 3421; 2001, 1887, 2394; 2003, 106; 2005, 34, 144; 2007, 1063, 2799; 2015, 759; 2021, 2463; 2023, 534)—(Substituted in revision for NRS 484.37945)
2023 Nevada Revised Statutes › Chapter 484C - Driving Under the Influence of Alcohol or a Prohibited Substance › NRS 484C.365 - Placement of offender under clinical supervision of treatment provider in another jurisdiction authorized.

1. If a court places a person under the supervision of a treatment provider to receive treatment for an alcohol or other substance use disorder pursuant to NRS 484C.320, 484C.330, 484C.340 or 484C.360, the court may authorize the person to complete any period of treatment remaining under the supervision of a treatment provider in another jurisdiction if the court determines that:
(a) The person is eligible to receive treatment under a program of treatment in the other jurisdiction; and
(b) The program of treatment in the other jurisdiction is substantially similar to the program of treatment to which the person is assigned in this State.
2. As used in this section, "treatment provider in another jurisdiction" means a person or a public or private agency, residential treatment center, facility for the treatment of alcohol and other substance use disorders, or voluntary organization which holds a license, certificate or other credential issued by a regulatory agency.
(Added to NRS by 2015, 754)
2023 Nevada Revised Statutes › Chapter 484C - Driving Under the Influence of Alcohol or a Prohibited Substance › NRS 484C.370 - Evaluation or treatment by private company authorized.

The provisions of NRS 484C.340, 484C.350 or 484C.360 do not prohibit a court from:
1. Requiring an evaluation pursuant to NRS 484C.350 to be conducted by an evaluation center that is administered by a private company if the company meets the standards of the State Board of Health pursuant to NRS 484C.310; or
2. Ordering the offender to attend a program of treatment that is administered by a private company.
(Added to NRS by 1993, 2892; A 1999, 1886; 2001, 438; 2007, 1063)—(Substituted in revision for NRS 484.37947)
2023 Nevada Revised Statutes › Chapter 484C - Driving Under the Influence of Alcohol or a Prohibited Substance › NRS 484C.373 - Legislative declarations.

1. The Legislature hereby declares that driving in this State is a privilege, not a right, and a driver who wishes to enjoy the benefits of such a privilege must accept the corresponding responsibilities.
2. The Legislature further declares that the purpose of NRS 484C.372 to 484C.397, inclusive, is to:
(a) Protect the public health and welfare by reducing the number of people on the highways of this State who drive under the influence of intoxicating liquor or a prohibited substance; and
(b) Strengthen the options available to courts and prosecuting attorneys in responding to offenders who repeatedly drive under the influence of intoxicating liquor or a prohibited substance.
(Added to NRS by 2019, 2748)
2023 Nevada Revised Statutes › Chapter 484C - Driving Under the Influence of Alcohol or a Prohibited Substance › NRS 484C.374 - Definitions.

As used in NRS 484C.372 to 484C.397, inclusive, unless the context otherwise requires, the words and terms defined in NRS 484C.376 to 484C.390, inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 2019, 2748)
2023 Nevada Revised Statutes › Chapter 484C - Driving Under the Influence of Alcohol or a Prohibited Substance › NRS 484C.380 - "Immediate sanction" defined.

"Immediate sanction" means a sanction that is able to be applied within minutes after the results of testing indicate the presence of alcohol or a prohibited substance in a program participant’s system.
(Added to NRS by 2019, 2748)
2023 Nevada Revised Statutes › Chapter 484C - Driving Under the Influence of Alcohol or a Prohibited Substance › NRS 484C.388 - "Testing" defined.

"Testing" means any procedure approved by the Committee on Testing for Intoxication for determining the concentration of alcohol or the amount of a prohibited substance in a person’s system that is provided for in the applicable guidelines adopted pursuant to NRS 484C.396.
(Added to NRS by 2019, 2748)
2023 Nevada Revised Statutes › Chapter 484C - Driving Under the Influence of Alcohol or a Prohibited Substance › NRS 484C.390 - "Timely sanction" defined.

"Timely sanction" means a sanction that is able to be applied as soon as possible after the results of testing indicate the presence of alcohol or a prohibited substance in a program participant’s system.
(Added to NRS by 2019, 2749; A 2021, 2464)
2023 Nevada Revised Statutes › Chapter 484C - Driving Under the Influence of Alcohol or a Prohibited Substance › NRS 484C.392 - Sobriety and drug monitoring program: Establishment; political subdivision may participate; requirements.

1. There is hereby established a statewide sobriety and drug monitoring program in which any political subdivision in this State may elect to participate.
2. The program established pursuant to subsection 1 must meet the federal definition of "24-7 sobriety program" in 23 C.F.R. § 1300.23(b).
3. Any person who is assigned to the program:
(a) Must abstain from alcohol and prohibited substances while assigned to the program.
(b) Must be subject to:
(1) Testing to determine the presence of alcohol in his or her system:
(I) At least twice each day at a testing location established by a designated law enforcement agency pursuant to NRS 484C.393; or
(II) By using any other approved method set forth in the federal definition of "24-7 sobriety program" in 23 C.F.R. § 1300.23(b).
(2) If appropriate, random testing to determine the presence of a prohibited substance in his or her system at least two times each week, using any approved method set forth in the federal definition of "24-7 sobriety program" in 23 C.F.R. § 1300.23(b).
(c) Must be subject to lawful and consistent sanctions for using alcohol or a prohibited substance while assigned to the program or for failing or refusing to undergo required testing, including, without limitation, incarceration. Any such sanction must be an immediate sanction or, if the approved testing method being used pursuant to paragraph (b) does not allow for the imposition of an immediate sanction, a timely sanction.
(d) Is eligible for a restricted driver’s license pursuant to subsection 2 of NRS 483.490 while participating in and complying with the requirements of the program if the driver’s license of the person is suspended or revoked.
(Added to NRS by 2019, 2749; A 2021, 2464)
2023 Nevada Revised Statutes › Chapter 484C - Driving Under the Influence of Alcohol or a Prohibited Substance › 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.

If a political subdivision elects to participate in the program:
1. The Department of Public Safety may assist the political subdivision in the establishment and administration of the program in the manner provided in NRS 484C.372 to 484C.397, inclusive, and in determining alternatives to incarceration.
2. The political subdivision shall designate a law enforcement agency to enforce the program.
3. A designated law enforcement agency:
(a) May designate an entity to provide testing services or to take any other action required or authorized to be provided by the law enforcement agency pursuant to NRS 484C.372 to 484C.397, inclusive, but such a designated entity may not determine whether to participate in the program.
(b) Shall establish one or more testing locations that provide at least two available testing times each day. If only two testing times are made available, the testing times must be approximately 12 hours apart.
(Added to NRS by 2019, 2749)
2023 Nevada Revised Statutes › Chapter 484C - Driving Under the Influence of Alcohol or a Prohibited Substance › NRS 484C.396 - Guidelines to be adopted by political subdivision participating in program; requirements; establishment of fees.

Each political subdivision that elects to participate in the program established pursuant to NRS 484C.392 shall adopt guidelines consistent with NRS 484C.372 to 484C.397, inclusive. Such guidelines must:
1. Provide for the nature and manner of testing and the testing procedures and devices to be used.
2. Establish the requirements for compliance with the program, including, without limitation, the immediate sanctions and timely sanctions that may be imposed against a program participant.
3. Establish reasonable participant and testing fees for the program, including, without limitation, fees to pay the cost of installation, monitoring and deactivation of any testing device, and provide for the establishment and use of a local program account for the deposit of any fees collected. The established fees must be as low as possible, but the total amount of the fees and other funds credited to the local program account must defray the entire expense of the program to ensure program sustainability.
4. Provide that a political subdivision may accept gifts, grants, donations and any other form of financial assistance from any source for the purpose of enabling the political subdivision to participate in the program and carry out the provisions of NRS 484C.372 to 484C.397, inclusive.
5. Establish a process for the determination and management of program participants who are indigent.
6. Require and provide for the approval of a program data management technology plan to be used to manage testing, data access, fees, fee payments and any required reports.
7. Require a program participant to sign an agreement:
(a) Acknowledging his or her understanding of the program rules and expectations, including without limitation, the prohibition against using alcohol or a prohibited substance while assigned to the program, and the sanctions that may be imposed;
(b) Agreeing to abide by the program rules and expectations; and
(c) Authorizing his or her records relating to participation in the program to be used for assessment purposes.
8. Require that program participants who meet certain standards of compliance be given positive feedback and rewarded when appropriate, except that such a reward cannot include undergoing less frequent testing than that which is required pursuant to subsection 3 of NRS 484C.392.
(Added to NRS by 2019, 2751; A 2021, 2467)
2023 Nevada Revised Statutes › Chapter 484C - Driving Under the Influence of Alcohol or a Prohibited Substance › NRS 484C.397 - Designated law enforcement agency to collect fees; disposition of fees.

1. A designated law enforcement agency shall collect any fees required by any guidelines adopted pursuant to NRS 484C.396 and deposit such fees into the applicable local program account established by a political subdivision pursuant to such guidelines.
2. In accordance with the provisions of NRS 484C.372 to 484C.397, inclusive, and the guidelines adopted pursuant to NRS 484C.396, all fees deposited into a local program account must be used by the applicable designated law enforcement agency or, in accordance with the terms determined by the designated law enforcement agency, any entity designated by the law enforcement agency pursuant to NRS 484C.393.
3. Each designated law enforcement agency shall distribute a portion of the fees to any entity designated by the law enforcement agency pursuant to NRS 484C.393 in accordance with any agreement entered into with such a designated entity. The remainder of the fees is for the use of the law enforcement agency and may be used only for the purpose of administering and operating the program.
(Added to NRS by 2019, 2752)
2023 Nevada Revised Statutes › Chapter 484C - Driving Under the Influence of Alcohol or a Prohibited Substance › NRS 484C.420 - Probation prohibited; suspension of sentence and plea bargaining restricted; exception; mandatory orders when person is nonresident.

1. Except as otherwise provided in subsection 2, a person convicted of violating the provisions of NRS 484C.110 or 484C.120 must not be released on probation, and a sentence imposed for violating those provisions must not be suspended except, as provided in NRS 4.373, 5.055, 484C.320, 484C.330 and 484C.340, that portion of the sentence imposed that exceeds the mandatory minimum. A prosecuting attorney shall not dismiss a charge of violating the provisions of NRS 484C.110 or 484C.120 in exchange for a plea of guilty, guilty but mentally ill or nolo contendere to a lesser charge or for any other reason unless the attorney knows or it is obvious that the charge is not supported by probable cause or cannot be proved at the time of trial.
2. The court may grant probation to or suspend the sentence of a person to assign the person to a program for the treatment of veterans and members of the military pursuant to NRS 176A.290 if the charge is for a first violation of the provisions of NRS 484C.110 or 484C.120 that is punishable as a misdemeanor.
3. If the person who violated the provisions of NRS 484C.110 or 484C.120 possesses a driver’s license issued by a state other than the State of Nevada and does not reside in the State of Nevada, in carrying out the provisions of subparagraph (1) of paragraph (a) of subsection 1 of NRS 484C.400, the court shall:
(a) Order the person to pay tuition for and submit evidence of completion of an educational course on alcohol and other substance use disorders approved by a governmental agency of the state of the person’s residence within the time specified in the order; or
(b) Order the person to complete an educational course by correspondence on alcohol and other substance use disorders approved by the Department within the time specified in the order,
and the court shall notify the Department if the person fails to complete the assigned course within the specified time.
(Added to NRS by 1983, 1070; A 1985, 1946; 1987, 907, 1136; 1989, 195, 2046; 1991, 218, 836; 1993, 2262, 2892; 1995, 1298, 2471; 1997, 38, 642, 1746; 1999, 52, 2138, 3110, 3416, 3438; 2001, 220, 223, 1884, 2392; 2001 Special Session, 147; 2003, 277, 446, 1490; 2005, 139, 607, 2039; 2005, 22nd Special Session, 102; 2007, 1060, 1450, 2795; 2009, 1867; 2017, 3030)—(Substituted in revision for part of NRS 484.3792)
2023 Nevada Revised Statutes › Chapter 484C - Driving Under the Influence of Alcohol or a Prohibited Substance › NRS 484C.440 - Penalties for vehicular homicide; segregation of offender; plea bargaining restricted; suspension of sentence and probation prohibited; aggravating factor.

1. A person who commits vehicular homicide pursuant to NRS 484C.130 is guilty of a category A felony and shall be punished by imprisonment in the state prison:
(a) For life with the possibility of parole, with eligibility for parole beginning when a minimum of 10 years has been served; or
(b) For a definite term of 25 years, with eligibility for parole beginning when a minimum of 10 years has been served.
2. A person imprisoned pursuant to subsection 1 must, insofar as practicable, be segregated from offenders whose crimes were violent and, insofar as practicable, be assigned to an institution or facility of minimum security.
3. A prosecuting attorney shall not dismiss a charge of vehicular homicide in exchange for a plea of guilty, guilty but mentally ill or nolo contendere to a lesser charge or for any other reason unless the attorney knows or it is obvious that the charge is not supported by probable cause or cannot be proved at the time of trial. A sentence imposed pursuant to subsection 1 may not be suspended nor may probation be granted.
4. If the defendant was transporting a person who is less than 15 years of age in the vehicle at the time of the violation, the court shall consider that fact as an aggravating factor in determining the sentence of the defendant.
(Added to NRS by 2005, 138; A 2007, 1454; 2009, 1873)—(Substituted in revision for part of NRS 484.37955)
2023 Nevada Revised Statutes › Chapter 484C - Driving Under the Influence of Alcohol or a Prohibited Substance › NRS 484C.454 - Ignition Interlock Program: Establishment; rules and regulations; contracts for services; creation of Account for the Ignition Interlock Program; use of money in Account; administration of Account; fees.

1. The Director of the Department of Public Safety shall:
(a) Establish the Ignition Interlock Program; and
(b) Adopt rules and regulations which are necessary to carry out the Program.
2. The Director may contract for the provision of services necessary for the Program.
3. The Account for the Ignition Interlock Program is hereby created as a special account in the State Highway Fund. The Director, or his or her designee, shall administer the Account.
4. The Account must be funded through the fees established by regulation pursuant to subsection 7. The money in the Account may only be used to pay the expenses of the Program, including, without limitation:
(a) Enforcement activities relating to driving under the influence of alcohol or a prohibited substance;
(b) The creation and maintenance of a case management statistical tracking system;
(c) An on-site audit program;
(d) Treatment assistance;
(e) Educational programs and training for law enforcement officers; and
(f) Outreach programs.
5. The interest and income earned on the money in the Account, after deducting any applicable charges, must be credited to the Account.
6. Any money remaining in the Account at the end of each fiscal year does not revert to the State Highway Fund but must be carried over into the next fiscal year.
7. The Department of Public Safety shall adopt regulations to establish a fee schedule that includes reasonable fees for:
(a) The certification of manufacturers and vendors of ignition interlock devices;
(b) The annual recertification of manufacturers and vendors of ignition interlock devices;
(c) The reinstatement of the certification of manufacturers and vendors of ignition interlock devices;
(d) The installation of an ignition interlock device by manufacturers and vendors of ignition interlock devices; and
(e) Repeat violations relating to an ignition interlock device.
(Added to NRS by 2021, 2453)
2023 Nevada Revised Statutes › Chapter 484C - Driving Under the Influence of Alcohol or a Prohibited Substance › NRS 484C.475 - Penalty for person providing sample of breath for ignition interlock device of another person.

Any person who provides a sample of breath for an ignition interlock device, with the intent to start a motor vehicle of another and for the purpose of allowing a person required to install an ignition interlock device pursuant to NRS 484C.210 or 484C.460 to avoid providing a sample of his or her breath, is guilty of a misdemeanor.
(Added to NRS by 2017, 4043; A 2021, 2472)
2023 Nevada Revised Statutes › Chapter 484C - Driving Under the Influence of Alcohol or a Prohibited Substance › NRS 484C.480 - Regulations.

1. The Department of Public Safety shall adopt regulations which:
(a) Provide for the certification of manufacturers and vendors of ignition interlock devices to allow such manufacturers and vendors to conduct business in this State.
(b) Prescribe the form and content of records respecting the calibration of ignition interlock devices, which must be kept by the manufacturer of the ignition interlock device or its agent, and other records respecting the installation, removal, inspection, maintenance and operation of the ignition interlock devices which it finds should be kept by the manufacturer or its agent.
(c) Prescribe standards and procedures for the proper installation, removal, inspection, calibration, maintenance and operation of an ignition interlock device installed by the manufacturer or its agent.
(d) Require the manufacturer or its agent to waive the cost of installing or removing the ignition interlock device and adjust the fee to lease, calibrate or monitor the ignition interlock device, if the person required to install an ignition interlock device pursuant to NRS 484C.210 or 484C.460:
(1) Has an income which is at or below 100 percent of the federally designated level signifying poverty, to 50 percent of the fee; or
(2) Receives supplemental nutritional assistance, as defined in NRS 422A.072, was determined indigent pursuant to NRS 171.188 or has an income which is at or below 149 percent of the federally designated level signifying poverty, to 75 percent of the fee.
2. The Department of Public Safety shall establish its own standards and procedures for evaluating the models of the ignition interlock devices and obtain evaluations of those models from the Director or the manufacturer of the ignition interlock device or its agent.
3. If a model of an ignition interlock device has been certified by the Department of Public Safety to be accurate and reliable pursuant to subsection 1, it is presumed that, as designed and manufactured, each ignition interlock device of that model is accurate and reliable to test a person’s breath to determine the concentration of alcohol in the person’s breath and, if the results of the test indicate that the person has a concentration of alcohol of 0.02 or more in his or her breath, will prevent the motor vehicle in which it is installed from starting.
(Added to NRS by 1989, 1738; A 1997, 3372; 1999, 2460; 2017, 4050; 2021, 2473)—(Substituted in revision for NRS 484.3947)
2023 Nevada Revised Statutes › Chapter 484C - Driving Under the Influence of Alcohol or a Prohibited Substance › NRS 484C.500 - Civil penalty; cancellation of reinstated license upon conviction for violation of NRS 484C.110 or 484C.120; notice.

1. In addition to any other penalty provided by law, a person convicted of a violation of NRS 484C.110 or 484C.120 is liable to the State for a civil penalty of $35, payable to the Department.
2. The Department shall not issue any license to drive a motor vehicle to a person convicted of a violation of NRS 484C.110 or 484C.120 until the civil penalty is paid.
3. If the Department receives notice that a person whose license to drive a motor vehicle has already been reinstated has been subsequently convicted of a violation of NRS 484C.110 or 484C.120, the Department shall cancel the license unless the civil penalty is paid within 30 days after the date on which the Department provides notice to the person that the license will be cancelled unless the civil penalty is paid.
4. Any money received by the Department pursuant to subsection 1 must be deposited with the State Treasurer for credit to the Fund for the Compensation of Victims of Crime.
(Added to NRS by 1987, 2273; A 2007, 2795; 2011, 713)—(Substituted in revision for NRS 484.3791)
2023 Nevada Revised Statutes › Chapter 484C - Driving Under the Influence of Alcohol or a Prohibited Substance › NRS 484C.510 - Fee for chemical analysis.

1. If a defendant pleads guilty or guilty but mentally ill to, or is found guilty or guilty but mentally ill of, any violation of NRS 484C.110, 484C.120, 484C.130 or 484C.430 and a chemical analysis of his or her blood, urine, breath or other bodily substance was conducted, the court shall, in addition to any penalty provided by law, order the defendant to pay the sum of $60 as a fee for the chemical analysis. Except as otherwise provided in this subsection, any money collected for the chemical analysis must not be deducted from, and is in addition to, any fine otherwise imposed by the court and must be:
(a) Collected from the defendant before or at the same time that the fine is collected.
(b) Stated separately in the judgment of the court or on the court’s docket.
2. All money collected pursuant to subsection 1 must be paid by the clerk of the court to the county or city treasurer, as appropriate, on or before the fifth day of each month for the preceding month.
3. The treasurer shall deposit all money received by the treasurer pursuant to subsection 2 in the county or city treasury, as appropriate, for credit to the fund for forensic services created pursuant to NRS 453.575. The money must be accounted for separately within the fund.
4. Except as otherwise provided in subsection 5, each month the treasurer shall, from the money credited to the fund pursuant to subsection 3, pay any amount owed for forensic services and deposit any remaining money in the county or city general fund, as appropriate.
5. In counties that do not receive forensic services under a contract with the State, the money credited to the fund pursuant to subsection 3:
(a) Except as otherwise provided in paragraph (b), must be:
(1) Expended to pay for the chemical analyses performed within the county;
(2) Expended to purchase and maintain equipment to conduct such analyses;
(3) Expended for the training and continuing education of the employees who conduct such analyses; and
(4) Paid to law enforcement agencies which conduct such analyses to be used by those agencies in the manner provided in this subsection.
(b) May only be expended to cover the costs of chemical analyses conducted by, equipment used by or training for employees of an analytical laboratory that is approved by the Committee on Testing for Intoxication created in NRS 484C.600.
(Added to NRS by 1991, 271; A 1993, 2463; 1995, 2475; 2003, 1494; 2005, 148; 2007, 1457, 2801)—(Substituted in revision for NRS 484.3798)
2023 Nevada Revised Statutes › Chapter 484C - Driving Under the Influence of Alcohol or a Prohibited Substance › 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.

1. If a person is convicted of a second or subsequent violation of NRS 484C.110, 484C.120 or 484C.430 within 7 years or a violation of NRS 484C.130, the court shall issue an order directing the Department to suspend the registration of each motor vehicle that is registered to or owned by the person for 5 days.
2. If a court issues an order directing the Department to suspend the registration of a motor vehicle pursuant to subsection 1, the court shall forward a copy of the order to the Department within 5 days after issuing the order. The order must include, without limitation, information concerning each motor vehicle that is registered to or owned by the person, including, without limitation, the registration number of the motor vehicle, if such information is available.
3. A court shall provide for limited exceptions to the provisions of subsection 1 on an individual basis to avoid undue hardship to a person other than the person to whom that provision applies. Such an exception must be provided if the court determines that:
(a) A member of the immediate family of the person whose registration is suspended needs to use the motor vehicle:
(1) To travel to or from work or in the course and scope of his or her employment;
(2) To obtain medicine, food or other necessities or to obtain health care services for the person or another member of the person’s immediate family; or
(3) To transport the person or another member of the person’s immediate family to or from school; or
(b) An alternative means of transportation is not available to a member of the immediate family of the person whose registration is suspended.
(Added to NRS by 1999, 2138; A 2005, 147; 2007, 2801)—(Substituted in revision for NRS 484.37975)
2023 Nevada Revised Statutes › Chapter 484C - Driving Under the Influence of Alcohol or a Prohibited Substance › NRS 484C.530 - Offender to attend meeting of panel of victims and provide proof of attendance to court.

1. The judge or judges in each judicial district shall cause the preparation and maintenance of a list of the panels of persons who:
(a) Have been injured or had members of their families or close friends injured or killed by a person who was driving or in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or who was engaging in any other conduct prohibited by NRS 484C.110, 484C.120, 484C.130 or 484C.430 or a law of any other jurisdiction that prohibits the same or similar conduct; and
(b) Have, by contacting the judge or judges in the district, expressed their willingness to discuss collectively the personal effect of those crimes.
The list must include the name and telephone number of the person to be contacted regarding each such panel and a schedule of times and locations of the meetings of each such panel. The judge or judges shall establish, in cooperation with representatives of the members of the panels, a fee, if any, to be paid by defendants who are ordered to attend a meeting of the panel. The amount of the fee, if any, must be reasonable. The panel may not be operated for profit.
2. Except as otherwise provided in this subsection, if a defendant pleads guilty or guilty but mentally ill to, or is found guilty or guilty but mentally ill of, any violation of NRS 484C.110, 484C.120, 484C.130 or 484C.430, the court shall, in addition to imposing any other penalties provided by law, order the defendant to:
(a) Attend in person, at the defendant’s expense, a live meeting of a panel of persons who have been injured or had members of their families or close friends injured or killed by a person who was driving or in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or who was engaging in any other conduct prohibited by NRS 484C.110, 484C.120, 484C.130 or 484C.430 or a law of any other jurisdiction that prohibits the same or similar conduct, in order to have the defendant understand the effect such a crime has on other persons; and
(b) Pay the fee, if any, established by the court pursuant to subsection 1.
The court may, but is not required to, order the defendant to attend such a meeting if one is not available within 60 miles of the defendant’s residence.
3. A person ordered to attend a meeting pursuant to subsection 2 shall, after attending the meeting, present evidence or other documentation satisfactory to the court that the person attended the meeting and remained for its entirety.
(Added to NRS by 1993, 250; A 1995, 2474; 1999, 3423; 2003, 1493; 2005, 146; 2007, 1457, 2800; 2009, 371)—(Substituted in revision for NRS 484.3797)
2023 Nevada Revised Statutes › Chapter 484C - Driving Under the Influence of Alcohol or a Prohibited Substance › NRS 484C.600 - Creation; appointment and qualifications of members; meetings; quorum; appeal from decision of Committee.

1. There is hereby created the Committee on Testing for Intoxication, consisting of five members.
2. The Director of the Department of Public Safety or his or her delegate is the Chair of the Committee. The remaining members of the Committee are appointed by the Director and serve at the pleasure of the Director. At least three of the members appointed by the Director must be technically qualified in fields related to testing for intoxication. Not more than three members of the Committee may be from any one county.
3. The Committee shall meet at the call of the Director of the Department of Public Safety and as frequently as the Committee deems necessary. Three members of the Committee constitute a quorum. If a member is unable to attend a meeting, the member may be represented by an alternate approved by the Director.
4. Any person who is aggrieved by a decision of the Committee may appeal in writing to a hearing officer of the Department of Public Safety.
(Added to NRS by 1983, 1911; A 1985, 432, 1950; 2005, 58)—(Substituted in revision for NRS 484.388)