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Nevada Revised Statutes Title 43. Public Safety; Vehicles; Watercraft § 484C.110. Unlawful acts;  affirmative defense;  additional penalty for violation committed in work zone or pedestrian safety zone

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<See notes for changes to this section effective under certain conditions.>

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 any of the following prohibited substances 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)

Methamphetamine

500

100

(h)

Phencyclidine

25

10

4. 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 any of the following prohibited substances in his or her blood that is equal to or greater than:

Prohibited substance

Blood
Nanograms
per milliliter

(a)

Marijuana (delta-9-tetrahydrocannabinol)

2

(b)

Marijuana metabolite (11-OH-tetrahydrocannabinol)

5

5. 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.

6. A person who violates any provision of this section may be subject to any additional penalty set forth in NRS 484B.130 or 484B.135.

Cite this article: FindLaw.com - Nevada Revised Statutes Title 43. Public Safety; Vehicles; Watercraft § 484C.110. Unlawful acts;  affirmative defense;  additional penalty for violation committed in work zone or pedestrian safety zone - last updated January 01, 2021 | https://codes.findlaw.com/nv/title-43-public-safety-vehicles-watercraft/nv-rev-st-484c-110/


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