Existing law prohibits a person from driving or physically controlling a vehicle or operating or physically controlling a vessel under certain circumstances if the person has specified amounts of certain prohibited substances in his or her blood or urine. (NRS 484C.110, 488.410) Sections 5 and 15 of this bill additionally prohibit a person from driving or physically controlling a vehicle or operating or physically controlling a vessel with specific amounts of fentanyl or methylenedioxymethamphetamine in his or her blood or urine. Section 3 of this bill makes a conforming change to include fentanyl and methylenedioxymethamphetamine in the definition of “prohibited substance.” Existing law also prohibits a person from driving or physically controlling a vehicle or operating or physically controlling a vessel under certain circumstances if the person has specific amounts of marijuana or marijuana metabolite in his or her blood and the offense is punishable as a felony. (NRS 484C.110, 484C.400, 488.410, 488.427) Sections 5 and 15 expand the applicability of the prohibition concerning the specific amounts of marijuana and marijuana metabolite, thereby making the prohibition also applicable to offenses punishable as a misdemeanor. Additionally, existing law prohibits a person from driving or physically controlling a vehicle or operating or physically controlling a vessel under certain circumstances if the person is found by a measurement within 2 hours after driving or physically controlling the vehicle or operating or physically controlling the vessel to have a concentration of alcohol of 0.08 or more on his or her breath, or 0.04 or more but less than 0.08 for commercial motor vehicles. (NRS 484C.110, 484C.120, 484C.130, 484C.430, 488.410, 488.420, 488.425) Sections 5-7 and 14-17 of this bill make various changes to account for the circumstance under which a person drives or physically controls a vehicle or operates or physically controls a vessel under certain circumstances and is found, after being involved in a crash or collision, as applicable, to have the specified concentration of alcohol on his or her breath. Sections 19-23, 28, 29 and 31 of this bill make conforming changes to account for certain organizational changes made in section 5. Section 4 of this bill makes certain changes concerning when a person is presumed to be in physical control of a vehicle involved in a crash. Existing law establishes various penalties applicable to the offense of driving or physically controlling a vehicle while under the influence of alcohol or a prohibited substance, depending on whether the offense is the first, second or third offense within 7 years. (NRS 484C.400) Section 12 of this bill makes various changes to increase certain penalties and other sanctions applicable to a first or second offense. Existing law requires an offender who had a concentration of alcohol of 0.18 or more in his or her blood or breath at the time of an offense to be evaluated before sentencing to determine whether the offender has an alcohol or substance use disorder. (NRS 484C.350) Section 11 of this bill reduces the concentration of alcohol threshold to require an offender who had a concentration of alcohol of 0.16 or more in his or her blood or breath at the time of the offense to be evaluated for an alcohol or substance use disorder. Sections 1, 2 and 9 of this bill make conforming changes to reduce references to the concentration of alcohol from 0.18 to 0.16. Additionally, existing law, under certain circumstances, authorizes certain first, second and third-time offenders to apply to the court to undergo a program of treatment for an alcohol or other substance use disorder. (NRS 484C.320, 484C.330, 484C.340) Existing law prohibits an offender from applying to undergo such a program for third-time offenders if the offender has previously applied to receive such treatment or has previously been convicted of certain offenses. (NRS 484C.340) Section 10 of this bill removes the restriction related to previous applications by a third-time offender to undergo such a program and instead prohibits the offender from applying to undergo such a program if the offender has previously been ordered to complete a program of treatment for third-time offenders. For the purposes of determining whether a person that drives or physically controls a vehicle while under the influence of alcohol or a prohibited substance is a first, second or third-time offender, existing law qualifies an offense as a prior offense if it is: (1) evidenced by a conviction; or (2) conditionally dismissed or the judgment of conviction is set aside or dismissed in connection with successful completion of a diversionary program or specialty court program. (NRS 484C.400) Section 12 of this bill additionally provides that an offense qualifies as a prior offense if the person is undergoing a program of treatment for an alcohol or substance use disorder for a first, second or third-time offender. Existing law establishes a penalty that is applicable to a person who has previously committed certain felonies related to driving under the influence of alcohol or a prohibited substance and who subsequently commits the offense of driving or physically controlling a vehicle while under the influence of alcohol or a prohibited substance. (NRS 484C.410) Section 13 of this bill additionally applies this penalty to a person who is undergoing a program of treatment for an alcohol or substance use disorder for a third-time offender, if the person subsequently commits the offense of driving or physically controlling a vehicle while under the influence of alcohol or a prohibited substance. Existing law requires certain conduct related to driving under the influence of alcohol or a prohibited substance to have taken place “on a highway or on premises to which the public has access.” (NRS 484C.110, 484C.120, 484C.150, 484C.160) Existing law also requires certain other conduct related to driving under the influence of alcohol or a prohibited substance to have taken place “on or off the highways of this State.” (NRS 484C.130, 484C.430) Sections 7 and 14 of this bill replace the phrase “on or off the highways of this State” with “on a highway or premises to which the public has access” for consistency throughout provisions governing driving under the influence of alcohol or a prohibited substance. Existing law provides that a blood test related to a person accused of driving or physically controlling a vehicle or operating or physically controlling a vessel while under the influence of alcohol or a prohibited substance is not admissible unless the blood test was performed by a person who meets certain qualifications using certain medical standards. (NRS 484C.250, 488.500) Section 38 of this bill repeals those provisions relating to the admissibility of blood tests. Section 8, 18 and 30 of this bill make conforming changes related to the repeal of those provisions. Existing law creates a parallel scheme whereby certain provisions which prohibit a person from driving or physically controlling a vehicle or operating or physically controlling a vessel under certain circumstances with a concentration of alcohol of 0.10 in his or her blood or breath become effective upon the repeal of certain federal laws which require states to enact and enforce laws which prohibit a person from operating a vehicle with a concentration of alcohol of 0.08 in his or her blood. Sections 32-38 of this bill make various changes to repeal the parallel statutory scheme related to the 0.10 threshold. Existing law generally provides that a fine of not more than $1,000 may be imposed for a misdemeanor or certain offenses treated as misdemeanors. (NRS 193.120, 193.150, 193.160) Sections 24, 26, and 27 of this bill increase the maximum fine to $3,000. Additionally, existing law generally provides that a fine of not more than $2,000 may be imposed for a gross misdemeanor. (NRS 193.140) Section 25 of this bill increases the maximum fine to $4,000.

Statutes affected:
As Introduced: 484C.030, 484C.040, 484C.080, 484C.109, 484C.110, 484C.120, 484C.130, 484C.240, 484C.320, 484C.340, 484C.350, 484C.400, 484C.410, 484C.430, 488.410, 488.420, 488.425, 488.480, 33.030, 62C.020, 125.555, 171.1225, 178.484, 193.120, 193.140, 193.150, 193.160, 200.378, 200.591, 202.257, 616C.230, 483.461, 484.3795, 488.405, 484.37955, 484.385, 484.387
BDR: 484C.030, 484C.040, 484C.080, 484C.109, 484C.110, 484C.120, 484C.130, 484C.240, 484C.320, 484C.340, 484C.350, 484C.400, 484C.410, 484C.430, 488.410, 488.420, 488.425, 488.480, 33.030, 62C.020, 125.555, 171.1225, 178.484, 193.120, 193.140, 193.150, 193.160, 200.378, 200.591, 202.257, 616C.230, 483.461, 484.3795, 488.405, 484.37955, 484.385, 484.387