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 in his or her blood or urine. Section 3 of this bill makes a conforming change to include fentanyl in the definition of “prohibited substance.” 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) Among other things, a court may sentence a person who is found guilty of a second offense within 7 years to: (1) imprisonment for not less than 10 days nor more than 6 months in jail; or (2) residential confinement for not less than 10 days nor more than 6 months. Section 12 of this bill increases the minimum term of imprisonment or residential confinement to 20 days. 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, 9 and 12 of this bill make conforming changes to reduce references to the concentration of alcohol from 0.18 to 0.16. Section 38 of this bill makes a technical change to repeal a definition that is not used in chapter 484C of NRS. 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 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.

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
Reprint 1: 484C.030, 484C.080, 484C.110, 484C.320, 484C.340, 484C.350, 484C.400, 484C.410, 488.410, 484C.040
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