Existing law enacts the Nevada 24/7 Sobriety and Drug Monitoring Program Act, which establishes a statewide sobriety and drug monitoring program that provides for the frequent testing of persons assigned to the program to determine the presence of alcohol or a prohibited substance in their system. (NRS 484C.372-484C.397) Among other requirements, existing law requires a person assigned to the program to submit to testing to determine the presence of alcohol in his or her system: (1) at a designated testing location at least twice each day; or (2) using any other method approved under federal regulations. (NRS 484C.392) Section 4 of this bill makes a technical correction to provide that the applicable definition of “testing” includes other approved methods set forth in the federal definition. Section 6 of this bill likewise makes a technical correction to provide that a designated law enforcement agency is not required to establish testing locations if the testing method specified in the guidelines of a political subdivision do not require testing at a physical location. Existing law makes a person assigned to the program eligible for a restricted driver's license, which: (1) is valid while the person is a participant in the program; and (2) permits the person to drive to and from a testing location, work, court appearances and certain other locations. (NRS 483.490, 484C.392) Section 5 of this bill instead makes a person assigned to the program eligible for a 24/7 privilege while the person is participating in and complying with the requirements of the program. Section 1 of this bill requires the Department of Motor Vehicles to issue a 24/7 privilege to a person assigned to the program upon receiving certain notice from the court. A 24/7 privilege issued by the Department pursuant to section 1 permits a person to drive while the person is participating in and complying with the requirements of the program without the same limitations as were previously imposed under a restricted driver's license. A 24/7 privilege thereby permits a person to drive freely to any destination of their choosing, provided the person continues to participate in and comply with the requirements of the program. Sections 2 and 3 of this bill define the term “24/7 privilege” for the purpose of the Act. Sections 1, 5, 7 and 8 of this bill make conforming changes by replacing the term “restricted driver's license” with the term “24/7 privilege.” Existing law requires a person assigned to the program to be subject to sanctions for: (1) using alcohol or a prohibited substance while assigned to the program; or (2) failing or refusing to undergo required testing. Under existing law, such sanctions include, without limitation, incarceration. (NRS 484C.392) Section 5 expands the list of authorized sanctions to include increased monitoring, supervision, treatment or testing.

Statutes affected:
As Introduced: 483.490, 484C.374, 484C.388, 484C.392, 484C.393, 484C.394
Reprint 1: 483.490, 484C.374, 484C.388, 484C.392, 484C.393, 484C.394
As Enrolled: 483.490, 484C.374, 484C.388, 484C.392, 484C.393, 484C.394
BDR: 483.490, 484C.374, 484C.388, 484C.392, 484C.393, 484C.394