Las Vegas DUI Lawyer

Welcome to our DUI Law section. We have tried to amass the most specific and crucial information concerning the laws and regulations surrounding DUI [driving under the influence]. These are all drinking laws in Las Vegas Nevada. This information your Nevada Dui Attorney or Lawyer would tell you anyway, but we have included it so as to be thorough and clear on the subject of drunk driving in Nevada, including Las Vegas, Henderson and Clark County.

Use it at your leisure.

Overview : [revised to fit formatting of webpage]

Nevada DUI Law

CHAPTER 484C - DRIVING UNDER THE INFLUENCE OF ALCOHOL OR A PROHIBITED SUBSTANCE

GENERAL PROVISIONS

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 facility” defined.

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.]

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

PRELIMINARY AND EVIDENTIARY TESTING OF DRIVERS AND OTHERS

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 required; when other tests may be used; reasonable force authorized to obtain test in certain circumstances; notification of parent or guardian of minor directed to submit to test.

NRS 484C.170 Analysis of blood of deceased victim of accident 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 device for testing breath is properly prepared.

NRS 484C.200 Requirements for evidentiary test of breath to determine concentration of alcohol in breath; use of reasonable force to obtain sample or conduct test.

NRS 484C.210 Revocation of license, permit or privilege to drive when test shows concentration of alcohol of 0.08 or more in blood or breath; periods of ineligibility to run consecutively. [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.210 Revocation of license, permit or privilege to drive when test shows concentration of alcohol of 0.10 or more in blood or breath; 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 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 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.

EVALUATION AND TREATMENT OF OFFENDERS FOR ALCOHOL OR DRUG ABUSE

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.

NRS 484C.330 Application by second-time offender to undergo program of treatment; sentencing of offender and conditional suspension of sentence; notice to Department.

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.

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 facility; payment of charges for treatment; liability of facility limited.

NRS 484C.370 Evaluation or treatment by private company authorized.

PENALTIES

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; 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; 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; 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.

Device to Prevent Person Who Has Consumed Alcohol From Starting Vehicle

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 Penalties for tampering with or driving without device; probation and suspension of sentence prohibited; plea bargaining restricted.

NRS 484C.480 Regulations.

Other Penalties

NRS 484C.500 Civil penalty.

NRS 484C.510 Fee for chemical analysis.

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.

COMMITTEE ON TESTING FOR INTOXICATION

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.

NRS 484.37945 Evaluation and treatment for alcohol or drug abuse: Placement of offender under clinical supervision of treatment facility; payment of charges for treatment; liability of facility limited. [Replaced in revision by NRS 484C.360.]

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, 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, 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:

Prohibited substance

Urine Nanograms per milliliter

Blood Nanograms per milliliter

(a) Amphetamine

500

100

(b) Cocaine

150

50

(c) Cocaine metabolite

150

50

(d) Heroin

2,000

50

(e) Heroin metabolite:

(1) Morphine

2,000

50

(2) 6-monoacetyl morphine

10

10

(f) Lysergic acid diethylamide

25

10

(g) Marijuana

10

2

(h) Marijuana metabolite

15

5

(i) Methamphetamine

500

100

(j) Phencyclidine

25

10

4. If consumption is proven by a preponderance of the evidence, it is an affirmative defense under paragraph (c) of subsection 1 that the defendant consumed a sufficient quantity of alcohol after driving or being in actual physical control of the vehicle, and before his or her blood or breath was tested, to cause the defendant to have a concentration of alcohol of 0.08 or more in his or her blood or breath. A defendant who intends to offer this defense at a trial or preliminary hearing must, not less than 14 days before the trial or hearing or at such other time as the court may direct, file and serve on the prosecuting attorney a written notice of that intent.

5. A person who violates any provision of this section may be subject to the additional penalty set forth in NRS 484B.130.

(Added to NRS by 1969, 1485; A 1971, 2030; 1973, 587, 1277, 1501; 1975, 788; 1981, 1924; 1983, 1068; 1993, 539; 1999, 2451, 3415; 2001, 172; 2003, 2559, 3245)—(Substituted in revision for NRS 484.379)

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