Section 484C.110 - [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] Unlawful acts relating to operation of vehicle; affirmative defense; additional penalty for violation committed in work zone or pedestrian safety zone1. It is unlawful for any person who: (a) Is under the influence of intoxicating liquor;(b) Has a concentration of alcohol of 0.10 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 0.10 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. For any violation that is punishable pursuant to paragraph (c) of subsection 1 of NRS 484C.400, 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 0.10 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.(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; 2015, 1580; 2017, 303; 2021, 1460)-(Substituted in revision for NRS 484.379) Amended by 2021, Ch. 277,§1.7, eff. 7/1/2021.Amended by 2017, Ch. 76,§1, eff. 7/1/2017.Amended by 2015, Ch. 312,§29, eff. 10/1/2015.(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) , 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.