DUI Laws in Nevada

DUI Laws in Nevada2019-02-16T11:48:02+00:00

Driving Under the Influence of Intoxicating Liquor or Controlled or Prohibited Substance

NRS 484C.010 Definitions. As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 484C.020 to 484C.100, inclusive, have the meanings ascribed to them in those sections.

(Added to NRS by 1969, 1202, 1476; A 1973, 448; 1975, 1076; 1981, 621; 1987, 1073; 1989, 291, 798; 1993, 1392, 1414, 2586; 1995, 568; 1999, 3415; 2003, 380; 2005, 21, 72; 2009, 397)—(Substituted in revision for part of NRS 484.013)

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.] “Concentration of alcohol of 0.08 or more in his or her blood or breath” means 0.08 gram or more of alcohol per 100 milliliters of the blood of a person or per 210 liters of his or her breath.

(Added to NRS by 1989, 291; A 1999, 2451; 2003, 2559)—(Substituted in revision for NRS 484.038)

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.] “Concentration of alcohol of 0.10 or more in his or her blood or breath” means 0.10 gram or more of alcohol per 100 milliliters of the blood of a person or per 210 liters of his or her breath.

(Added to NRS by 1989, 291; A 1999, 2451; 2003, 2559, 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)—(Substituted in revision for NRS 484.038)

NRS 484C.030 “Concentration of alcohol of 0.18 or more in his or her blood or breath” defined. “Concentration of alcohol of 0.18 or more in his or her blood or breath” means 0.18 gram or more of alcohol per 100 milliliters of the blood of a person or per 210 liters of his or her breath.

(Added to NRS by 1989, 1737; A 1993, 2895; 1997, 3370; 1999, 2140; 2005, 151, 613, 2042; 2005, 22nd Special Session, 105; 2007, 100, 2805; 2009, 1867)—(Substituted in revision for part of NRS 484.3792)

NRS 484C.040 “Concentration of alcohol of less than 0.18 in his or her blood or breath” defined. “Concentration of alcohol of less than 0.18 in his or her blood or breath” means less than 0.18 gram of alcohol per 100 milliliters of the blood of a person or per 210 liters of his or her breath.

(Added to NRS by 1989, 1737; A 1993, 2895; 1997, 3370; 1999, 2140; 2005, 151, 613, 2042; 2005, 22nd Special Session, 105; 2007, 100, 2805)—(Substituted in revision for part of NRS 484.3943)

NRS 484C.050 “Evaluation center” defined. “Evaluation center” means a facility which is approved by the Health Division of the Department of Health and Human Services to provide an evaluation of an offender to a court to determine if the offender is an abuser of alcohol or another drug. The term includes a facility operated by a court or other governmental agency.

(Added to NRS by 1993, 2890; A 1997, 1748; 1999, 1882; 2001, 435)—(Substituted in revision for part of NRS 484.3793)

NRS 484C.060 “License to drive a motor vehicle” defined. “License to drive a motor vehicle” means any license or permit to drive a motor vehicle issued under the laws of this State, including:

1. Any temporary license or instruction permit.

2. The privilege of any person to drive a motor vehicle whether or not such person holds a valid license.

3. Any nonresident’s driving privilege.

(Added to NRS by 1969, 1478)—(Substituted in revision for NRS 484.077)

NRS 484C.070 “Nonresident’s driving privilege” defined. “Nonresident’s driving privilege” means the privilege conferred upon a nonresident by the laws of this State pertaining to the driving by such person of a motor vehicle, or the use of a vehicle owned by such person, in this State.

(Added to NRS by 1969, 1479)—(Substituted in revision for NRS 484.087)

NRS 484C.080 “Prohibited substance” defined. “Prohibited substance” means any of the following substances if the person who uses the substance has not been issued a valid prescription to use the substance and the substance is classified in schedule I or II pursuant to NRS 453.166 or 453.176 when it is used:

1. Amphetamine.

2. Cocaine or cocaine metabolite.

3. Heroin or heroin metabolite (morphine or 6-monoacetyl morphine).

4. Lysergic acid diethylamide.

5. Marijuana or marijuana metabolite.

6. Methamphetamine.

7. Phencyclidine.

(Added to NRS by 1999, 3414)—(Substituted in revision for NRS 484.1245)

NRS 484C.090 “Revocation of driver’s license” defined. “Revocation of driver’s license” means the termination by formal action of the Department of a person’s license to drive a motor vehicle.

(Added to NRS by 1969, 1480; A 1985, 1943)—(Substituted in revision for NRS 484.138)

NRS 484C.100 “Treatment facility” defined. “Treatment facility” means a facility for the treatment of abuse of alcohol or drugs, which is certified by the Health Division of the Department of Health and Human Services.

(Added to NRS by 1993, 2890; A 1997, 1748; 1999, 1882; 2001, 435)—(Substituted in revision for part of NRS 484.3793)

PROHIBITED ACTS

NRS 484C.110 Unlawful acts; affirmative defense; additional penalty for violation committed in work 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.]

1. It is unlawful for any person who:

(a) Is under the influence of intoxicating liquor;

(b) Has a concentration of alcohol of 0.08 or more in his or her blood or breath; or

(c) Is found by measurement within 2 hours after driving or being in actual physical control of a vehicle to have a concentration of alcohol of 0.08 or more in his or her blood or breath,

Ê to drive or be in actual physical control of a vehicle on a highway or on premises to which the public has access.

2. It is unlawful for any person who:

(a) Is under the influence of a controlled substance;

(b) Is under the combined influence of intoxicating liquor and a controlled substance; or

(c) Inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders the person incapable of safely driving or exercising actual physical control of a vehicle,

Ê to drive or be in actual physical control of a vehicle on a highway or on premises to which the public has access. The fact that any person charged with a violation of this subsection is or has been entitled to use that drug under the laws of this State is not a defense against any charge of violating this subsection.

3. It is unlawful for any person to drive or be in actual physical control of a vehicle on a highway or on premises to which the public has access with an amount of a prohibited substance in his or her blood or urine that is equal to or greater than:

Urine Blood
Nanograms Nanograms
Prohibited substance Per Milliliter Per Milliliter
(a) Amphetamine 500 100
(b) Cocaine 150 50
(c )Cocaine metabolite 150 50
(d) Heroin 2000 50
(d )Heroin metabolite:
(e )Morphine 2,000 50
(f) 6-monoacetyl morphine 10 10
(g) Lysergic acid diethylamide 25 10
(h) Marijuana 10 2
(i) Marijuana metabolite 15 5
(j) Methamphetamine 500 100
(k) Phencyclidine 25 10
Law in Nevada

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