S.B. 56
- *SB56*
SENATE BILL NO. 56–COMMITTEE ON
GROWTH AND INFRASTRUCTURE
(ON BEHALF OF THE NEVADA HIGHWAY PATROL DIVISION
OF THE DEPARTMENT OF PUBLIC SAFETY)
PREFILED NOVEMBER 20, 2024
____________
Referred to Committee on Growth and Infrastructure
SUMMARY—Revises provisions relating to driving a vehicle or
operating a vessel under the influence.
(BDR 43-243)
FISCAL NOTE: Effect on Local Government: Increases or Newly
Provides for Term of Imprisonment in County or City
Jail or Detention Facility.
Effect on the State: Yes.
~
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to public safety; establishing requirements for the
reporting by law enforcement agencies of certain
information concerning violations of the prohibition
against driving or being in actual physical control of a
vehicle while under the influence of alcohol or certain
controlled substances; revising provisions governing the
measurement of the concentration of alcohol in the blood
or breath of a person who was driving, operating or in
actual physical control of certain vehicles or vessels; and
providing other matters properly relating thereto.
Legislative Counsel’s Digest:
Existing law prohibits a person from driving or being in actual physical control 1
of a vehicle on a highway or certain other premises while under the influence of 2
alcohol or certain controlled substances. (NRS 484C.110, 484C.120, 484C.130, 3
484C.430) Section 1 of this bill requires: (1) the Nevada Highway Patrol to 4
establish a format to be used by law enforcement agencies in this State to 5
electronically submit to the Office of Traffic Safety of the Department of Public 6
Safety information concerning violations of this prohibition; and (2) law 7
enforcement agencies in this State, to the extent that resources are available, to 8
submit electronically to the Office of Traffic Safety, in that format, information 9
concerning such violations. 10
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Under existing law, a person commits the offense of driving or being in actual 11
physical control of a vehicle on a highway or certain other premises, or operating or 12
being in actual physical control of a vessel under way on the waters of this State, 13
while under the influence of alcohol, if the person is found by measurement within 14
2 hours after driving, operating or being in actual physical control of the vehicle or 15
vessel to have a concentration of alcohol in his or her blood or breath which 16
exceeds certain levels. (NRS 484C.110, 484C.120, 484C.130, 484C.430, 488.410, 17
488.420, 488.425) Sections 2-8 of this bill increase this period from 2 hours to 3 18
hours. 19
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 484C of NRS is hereby amended by adding 1
thereto a new section to read as follows: 2
1. The Nevada Highway Patrol shall establish a format for 3
use by each law enforcement agency in this State to electronically 4
submit to the Office of Traffic Safety of the Department of Public 5
Safety information concerning violations of NRS 484C.110, 6
484C.120, 484C.130 and 484C.430. 7
2. To the extent that resources are available, each law 8
enforcement agency in this State shall submit electronically to the 9
Office of Traffic Safety of the Department of Public Safety, in the 10
format established pursuant to subsection 1, any information 11
requested by the Office of Traffic Safety concerning violations of 12
NRS 484C.110, 484C.120, 484C.130 and 484C.430. 13
Sec. 2. NRS 484C.110 is hereby amended to read as follows: 14
484C.110 1. It is unlawful for any person who: 15
(a) Is under the influence of intoxicating liquor; 16
(b) Has a concentration of alcohol of 0.08 or more in his or her 17
blood or breath; or 18
(c) Is found by measurement within [2] 3 hours after driving or 19
being in actual physical control of a vehicle to have a concentration 20
of alcohol of 0.08 or more in his or her blood or breath, 21
to drive or be in actual physical control of a vehicle on a highway 22
or on premises to which the public has access. 23
2. It is unlawful for any person who: 24
(a) Is under the influence of a controlled substance; 25
(b) Is under the combined influence of intoxicating liquor and a 26
controlled substance; or 27
(c) Inhales, ingests, applies or otherwise uses any chemical, 28
poison or organic solvent, or any compound or combination of any 29
of these, to a degree which renders the person incapable of safely 30
driving or exercising actual physical control of a vehicle, 31
to drive or be in actual physical control of a vehicle on a highway 32
or on premises to which the public has access. The fact that any 33
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person charged with a violation of this subsection is or has been 1
entitled to use that drug under the laws of this State is not a defense 2
against any charge of violating this subsection. 3
3. It is unlawful for any person to drive or be in actual physical 4
control of a vehicle on a highway or on premises to which the public 5
has access with an amount of any of the following prohibited 6
substances in his or her blood or urine that is equal to or greater 7
than: 8
9
Urine Blood 10
Nanograms Nanograms 11
Prohibited substance per milliliter per milliliter 12
13
(a) Amphetamine 500 100 14
(b) Cocaine 150 50 15
(c) Cocaine metabolite 150 50 16
(d) Heroin 2,000 50 17
(e) Heroin metabolite: 18
(1) Morphine 2,000 50 19
(2) 6-monoacetyl morphine 10 10 20
(f) Lysergic acid diethylamide 25 10 21
(g) Methamphetamine 500 100 22
(h) Phencyclidine 25 10 23
24
4. For any violation that is punishable pursuant to paragraph 25
(c) of subsection 1 of NRS 484C.400, it is unlawful for any person 26
to drive or be in actual physical control of a vehicle on a highway or 27
on premises to which the public has access with an amount of any of 28
the following prohibited substances in his or her blood that is equal 29
to or greater than: 30
31
Blood 32
Nanograms 33
Prohibited substance per milliliter 34
35
(a) Marijuana (delta-9-tetrahydrocannabinol) 2 36
(b) Marijuana metabolite (11-OH-tetrahydrocannabinol) 5 37
38
5. If consumption is proven by a preponderance of the 39
evidence, it is an affirmative defense under paragraph (c) of 40
subsection 1 that the defendant consumed a sufficient quantity of 41
alcohol after driving or being in actual physical control of the 42
vehicle, and before his or her blood or breath was tested, to cause 43
the defendant to have a concentration of alcohol of 0.08 or more in 44
his or her blood or breath. A defendant who intends to offer this 45
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defense at a trial or preliminary hearing must, not less than 14 days 1
before the trial or hearing or at such other time as the court may 2
direct, file and serve on the prosecuting attorney a written notice of 3
that intent. 4
6. A person who violates any provision of this section may be 5
subject to any additional penalty set forth in NRS 484B.130 or 6
484B.135. 7
Sec. 3. NRS 484C.120 is hereby amended to read as follows: 8
484C.120 1. It is unlawful for any person who: 9
(a) Is under the influence of intoxicating liquor; 10
(b) Has a concentration of alcohol of 0.04 or more but less than 11
0.08 in his or her blood or breath; or 12
(c) Is found by measurement within [2] 3 hours after driving or 13
being in actual physical control of a commercial motor vehicle to 14
have a concentration of alcohol of 0.04 or more but less than 0.08 in 15
his or her blood or breath, 16
to drive or be in actual physical control of a commercial motor 17
vehicle on a highway or on premises to which the public has access. 18
2. It is unlawful for any person who: 19
(a) Is under the influence of a controlled substance; 20
(b) Is under the combined influence of intoxicating liquor and a 21
controlled substance; or 22
(c) Inhales, ingests, applies or otherwise uses any chemical, 23
poison or organic solvent, or any compound or combination of any 24
of these, to a degree which renders the person incapable of safely 25
driving or exercising actual physical control of a commercial motor 26
vehicle, 27
to drive or be in actual physical control of a commercial motor 28
vehicle on a highway or on premises to which the public has access. 29
The fact that any person charged with a violation of this subsection 30
is or has been entitled to use that drug under the laws of this State is 31
not a defense against any charge of violating this subsection. 32
3. It is unlawful for any person to drive or be in actual physical 33
control of a commercial motor vehicle on a highway or on premises 34
to which the public has access with any prohibited substance in his 35
or her blood or urine. As used in this subsection, “prohibited 36
substance” means any substance described in 21 C.F.R. § 1308.11. 37
4. If consumption is proven by a preponderance of the 38
evidence, it is an affirmative defense under paragraph (c) of 39
subsection 1 that the defendant consumed a sufficient quantity of 40
alcohol after driving or being in actual physical control of the 41
commercial motor vehicle, and before his or her blood or breath was 42
tested, to cause the defendant to have a concentration of alcohol of 43
0.04 or more in his or her blood or breath. A defendant who intends 44
to offer this defense at a trial or preliminary hearing must, not less 45
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than 14 days before the trial or hearing or at such other time as the 1
court may direct, file and serve on the prosecuting attorney a written 2
notice of that intent. 3
5. A person who violates any provision of this section may be 4
subject to any additional penalty set forth in NRS 483.939, 5
484B.130 or 484B.135. 6
6. As used in this section: 7
(a) “Commercial motor vehicle” means a motor vehicle or 8
combination of motor vehicles used in commerce to transport 9
passengers or property if the motor vehicle: 10
(1) Has a gross combination weight rating of 26,001 or more 11
pounds which includes a towed unit with a gross vehicle weight 12
rating of more than 10,000 pounds; 13
(2) Has a gross vehicle weight rating of 26,001 or more 14
pounds; 15
(3) Is designed to transport 16 or more passengers, including 16
the driver; or 17
(4) Regardless of size, is used in the transportation of 18
materials which are considered to be hazardous for the purposes of 19
the federal Hazardous Materials Transportation Act, 49 U.S.C. §§ 20
5101 et seq., and for which the display of identifying placards is 21
required pursuant to 49 C.F.R. Part 172, Subpart F. 22
(b) The phrase “concentration of alcohol of 0.04 or more but 23
less than 0.08 in his or her blood or breath” means 0.04 gram or 24
more but less than 0.08 gram of alcohol per 100 milliliters of the 25
blood of a person or per 210 liters of his or her breath. 26
Sec. 4. NRS 484C.130 is hereby amended to read as follows: 27
484C.130 1. A person commits vehicular homicide if the 28
person: 29
(a) Drives or is in actual physical control of a vehicle on or off 30
the highways of this State and: 31
(1) Is under the influence of intoxicating liquor; 32
(2) Has a concentration of alcohol of 0.08 or more in his or 33
her blood or breath; 34
(3) Is found by measurement within [2] 3 hours after driving 35
or being in actual physical control of a vehicle to have a 36
concentration of alcohol of 0.08 or more in his or her blood or 37
breath; 38
(4) Is under the influence of a controlled substance or is 39
under the combined influence of intoxicating liquor and a controlled 40
substance; 41
(5) Inhales, ingests, applies or otherwise uses any chemical, 42
poison or organic solvent, or any compound or combination of any 43
of these, to a degree which renders the person incapable of safely 44
driving or exercising actual physical control of a vehicle; or 45
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(6) Has a prohibited substance in his or her blood or urine, as 1
applicable, in an amount that is equal to or greater than the amount 2
set forth in subsection 3 or 4 of NRS 484C.110; 3
(b) Proximately causes the death of another person while driving 4
or in actual physical control of a vehicle on or off the highways of 5
this State; and 6
(c) Has previously been convicted of at least three offenses. 7
2. If consumption is proven by a preponderance of the 8
evidence, it is an affirmative defense under subparagraph (3) of 9
paragraph (a) of subsection 1 that the defendant consumed a 10
sufficient quantity of alcohol after driving or being in actual 11
physical control of the vehicle, and before his or her blood or breath 12
was tested, to cause the defendant to have a concentration of alcohol 13
of 0.08 or more in his or her blood or breath. A defendant who 14
intends to offer this defense at a trial or preliminary hearing must, 15
not less than 14 days before the trial or hearing or at such other time 16
as the court may direct, file and serve on the prosecuting attorney a 17
written notice of that intent. 18
3. As used in this section, “offense” means: 19
(a) A violation of NRS 484C.110, 484C.120 or 484C.430; 20
(b) A homicide resulting from driving or being in actual 21
physical control of a vehicle while under the influence of 22
intoxicating liquor or a controlled substance or resulting from any 23
other conduct prohibited by this section or NRS 484C.110 or 24
484C.430; or 25
(c) A violation of a law of any other jurisdiction that prohibits 26
the same or similar conduct as set forth in paragraph (a) or (b). 27
Sec. 5. NRS 484C.430 is hereby amended to read as follows: 28
484C.430 1. Unless a greater penalty is provided pursuant to 29
NRS 484C.440, a person who: 30
(a) Is under the influence of intoxicating liquor; 31
(b) Has a concentration of alcohol of 0.08 or more in his or her 32
blood or breath; 33
(c) Is found by measurement within [2] 3 hours after driving or 34
being in actual physical control of a vehicle to have a concentration 35
of alcohol of 0.08 or more in his or her blood or breath; 36
(d) Is under the influence of a controlled substance or is under 37
the combined influence of intoxicating liquor and a controlled 38
substance; 39
(e) Inhales, ingests, applies or otherwise uses any chemical, 40
poison or organic solvent, or any compound or combination of any 41
of these, to a degree which renders the person incapable of safely 42
driving or exercising actual physical control of a vehicle; or 43
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(f) Has a prohibited substance in his or her blood or urine, as 1
applicable, in an amount that is equal to or greater than the amount 2
set forth in subsection 3 or 4 of NRS 484C.110, 3
and does any act or neglects any duty imposed by law while 4
driving or in actual physical control of any vehicle on or off the 5
highways of this State, if the act or neglect of duty proximately 6
causes the death of, or substantial bodily harm to, another person, is 7
guilty of a category B felony and shall be punished by imprisonment 8
in the state prison for a minimum term of not less than 2 years and a 9
maximum term of not more than 20 years and must be further 10
punished by a fine of not less than $2,000 nor more than $5,000. A 11
person so imprisoned must, insofar as practicable, be segregated 12
from offenders whose crimes were violent and, insofar as 13
practicable, be assigned to an institution or facility of minimum 14
security. 15
2. A prosecuting attorney shall not dismiss a charge of 16
violating the provisions of subsection 1 in exchange for a plea of 17
guilty, guilty but mentally ill or nolo contendere to a lesser charge or 18
for any other reason unless the attorney knows or it is obvious that 19
the charge is not supported by probable cause or cannot be proved at 20
the time of trial. A sentence imposed pursuant to subsection 1 may 21
not be suspended nor may probation be granted. 22
3. Except as otherwise provided in subsection 4, if 23
consumption is proven by a preponderance of the evidence, it is an 24
affirmative defense under paragraph (c) of subsection 1 that the 25
defendant consumed a sufficient quantity of alcohol after driving or 26
being in actual physical control of the vehicle, and before his or her 27
blood or breath was tested, to cause the defendant to have a 28
concentration of alcohol of 0.08 or more in his or her blood or 29
breath. A defendant who intends to offer this defense at a trial or 30
preliminary hearing must, not less than 14 days before the trial 31
or hearing or at such other time as the court may direct, file and 32
serve on the prosecuting attorney a written notice of that intent. 33
4. If the defendant is also charged with violating the provisions 34
of NRS 484E.010, 484E.020 or 484E.030, the defendant may not 35
offer the affirmative defense set forth in subsection 3. 36
5. If the defendant was transporting a person who is less than 37
15 years of age in the motor vehicle at the time of the violation, the 38
court shall consider that fact as an aggravating factor in determining 39
the sentence of the defendant. 40
Sec. 6. NRS 488.410 is hereby amended to read as follows: 41
488.410 1. It is unlawful for any person who: 42
(a) Is under the influence of intoxicating liquor; 43
(b) Has a concentration of alcohol of 0.08 or more in his or her 44
blood or breath; or 45
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(c) Is found by measurement within [2] 3 hours after operating 1
or being in actual physical control of a power-driven vessel or 2
sailing vessel under way to have a concentration of alcohol of 0.08 3
or more in his or her blood or breath, 4
to operate or be in actual physical control of a power-driven 5
vessel or sailing vessel under way on the waters of this State. 6
2. It is unlawful for any person who: 7
(a) Is under the influence of a controlled substance; 8
(b) Is under the combined influence of intoxicating liquor and a 9
controlled substance; or 10
(c) Inhales, ingests, applies or otherwise uses any chemical, 11
poison or organic solvent, or any compound or combination of any 12
of these, to a degree which renders the person incapable of safely 13
operating or exercising actual physical control of a power-driven 14
vessel or sailing vessel under way, 15
to operate or be in actual physical control of a power-driven 16
vessel or sailing vessel under way on the waters of this State. 17
3. It is unlawful for any person to operate or be in actual 18
physical control of a power-driven vessel or sailing vessel under 19
way on the waters of this State with an amount of any of the 20
following prohibited substances in his or her blood or urine that is 21
equal to or greater than: 22
23
Urine Blood 24
Nanograms per Nanograms per 25
Prohibited substance milliliter milliliter 26
27
(a) Amphetamine 500 100 28
(b) Cocaine 150 50 29
(c) Cocaine metabolite 150 50 30
(d) Heroin 2,000 50 31
(e) Heroin metabolite: 32
(1) Morphine 2,000 50 33
(2) 6-monoacetyl morphine 10 10 34
(f) Lysergic acid diethylamide 25 10 35
(g) Methamphetamine 500 100 36
(h) Phencyclidine 25 10 37
38
4. For any violation that is punishable pursuant to NRS 39
488.427, it is unlawful for any person to operate or be in actual 40
physical control of a power-driven vessel or sailing vessel under 41
way on the waters of this State with an amount of any of the 42
following prohibited substances in his or her blood that is equal to 43
or greater than: 44
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Blood 1
Nanograms per 2
Prohibited substance milliliter 3
4
(a) Marijuana (delta-9-tetrahydrocannabinol) 2 5
(b) Marijuana metabolite (11-OH-tetrahydrocannabinol) 5 6
7
5. If consumption is proven by a preponderance of the 8
evidence, it is an affirmative defense under paragraph (c) of 9
subsection 1 that the defendant consumed a sufficient quantity of 10
alcohol after operating or being in actual physical control of the 11
power-driven vessel or sailing vessel, as applicable, under way and 12
before his or her blood was tested, to cause the defendant to have a 13
concentration of 0.08 or more of alcohol in his or her blood or 14
breath. A defendant who intends to offer this defense at a trial or 15
preliminary hearing must, not less than 14 days before the trial 16
or hearing or at such other time as the court may direct, file and 17
serve on the prosecuting attorney a written notice of that intent. 18
6. Except as otherwise provided in NRS 488.427, a person who 19
violates the provisions of this section is guilty of a misdemeanor. 20
Sec. 7. NRS 488.420 is hereby amended to read as follows: 21
488.420 1. Unless a greater penalty is provided pursuant to 22
NRS 488.425, a person who: 23
(a) Is under the influence of intoxicating liquor; 24
(b) Has a concentration of alcohol of 0.08 or more in his or her 25
blood or breath; 26
(c) Is found by measurement within [2] 3 hours after operating 27
or being in actual physical control of a power-driven vessel or 28
sailing vessel under way to have a concentration of alcohol of 0.08 29
or more in his or her blood or breath; 30
(d) Is under the influence of a controlled substance or is under 31
the combined influence of intoxicating liquor and a controlled 32
substance; 33
(e) Inhales, ingests, applies or otherwise uses any chemical, 34
poison or organic solvent, or any compound or combination of any 35
of these, to a degree which renders the person incapable of safely 36
operating or being in actual physical control of a power-driven 37
vessel or sailing vessel under way; or 38
(f) Has a prohibited substance in his or her blood or urine, as 39
applicable, in an amount that is equal to or greater than the amount 40
set forth in subsection 3 or 4 of NRS 488.410, 41
and does any act or neglects any duty imposed by law while 42
operating or being in actual physical control of any power-driven 43
vessel or sailing vessel under way, if the act or neglect of duty 44
proximately causes the death of, or substantial bodily harm to, 45
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another person, is guilty of a category B felony and shall be 1
punished by imprisonment in the state prison for a minimum term of 2
not less than 2 years and a maximum term of not more than 20 years 3
and shall be further punished by a fine of not less than $2,000 nor 4
more than $5,000. A person so imprisoned must, insofar as 5
practicable, be segregated from offenders whose crimes were violent 6
and, insofar as practicable, be assigned to an institution or facility of 7
minimum security. 8
2. A prosecuting attorney shall not dismiss a charge of 9
violating the provisions of subsection 1 in exchange for a plea of 10
guilty, guilty but mentally ill or nolo contendere to a lesser charge or 11
for any other reason unless the prosecuting attorney knows or it is 12
obvious that the charge is not supported by probable cause or cannot 13
be proved at the time of trial. A sentence imposed pursuant to 14
subsection 1 must not be suspended, and probation must not be 15
granted. 16
3. If consumption is proven by a preponderance of the 17
evidence, it is an affirmative defense under paragraph (c) of 18
subsection 1 that the defendant consumed a sufficient quantity of 19
alcohol after operating or being in actual physical control of the 20
power-driven vessel or sailing vessel, as applicable, under way and 21
before his or her blood was tested, to cause the defendant to have a 22
concentration of alcohol of 0.08 or more in his or her blood or 23
breath. A defendant who intends to offer this defense at a trial or 24
preliminary hearing must, not less than 14 days before the trial 25
or hearing or at such other time as the court may direct, file and 26
serve on the prosecuting attorney a written notice of that intent. 27
4. If a person less than 15 years of age was in the vessel at the 28
time of the defendant’s violation, the court shall consider that fact as 29
an aggravating factor in determining the sentence of the defendant. 30
Sec. 8. NRS 488.425 is hereby amended to read as follows: 31
488.425 1. A person commits homicide by vessel if the 32
person: 33
(a) Operates or is in actual physical control of a power-driven 34
vessel or sailing vessel under way on the waters of this State and: 35
(1) Is under the influence of intoxicating liquor; 36
(2) Has a concentration of alcohol of 0.08 or more in his or 37
her blood or breath; 38
(3) Is found by measurement within [2] 3 hours after 39
operating or being in actual physical control of a power-driven 40
vessel or sailing vessel under way to have a concentration of alcohol 41
of 0.08 or more in his or her blood or breath; 42
(4) Is under the influence of a controlled substance or is 43
under the combined influence of intoxicating liquor and a controlled 44
substance; 45
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(5) Inhales, ingests, applies or otherwise uses any chemical, 1
poison or organic solvent, or any compound or combination of any 2
of these, to a degree which renders the person incapable of safely 3
operating or exercising actual physical control of a power-driven 4
vessel or sailing vessel under way; or 5
(6) Has a prohibited substance in his or her blood or urine, as 6
applicable, in an amount that is equal to or greater than the amount 7
set forth in subsection 3 or 4 of NRS 488.410; 8
(b) Proximately causes the death of another person while 9
operating or in actual physical control of a power-driven vessel or 10
sailing vessel under way; and 11
(c) Has previously been convicted of at least three offenses. 12
2. A person who commits homicide by vessel is guilty of a 13
category A felony and shall be punished by imprisonment in the 14
state prison: 15
(a) For life with the possibility of parole, with eligibility for 16
parole beginning when a minimum of 10 years has been served; or 17
(b) For a definite term of 25 years, with eligibility for parole 18
beginning when a minimum of 10 years has been served. 19
3. A person imprisoned pursuant to subsection 2 must, insofar 20
as practicable, be segregated from offenders whose crimes were 21
violent and, insofar as practicable, be assigned to an institution or 22
facility of minimum security. 23
4. A prosecuting attorney shall not dismiss a charge of 24
homicide by vessel in exchange for a plea of guilty, guilty but 25
mentally ill or nolo contendere to a lesser charge or for any other 26
reason unless the prosecuting attorney knows or it is obvious that 27
the charge is not supported by probable cause or cannot be proved at 28
the time of trial. A sentence imposed pursuant to subsection 2 may 29
not be suspended nor may probation be granted. 30
5. If consumption is proven by a preponderance of the 31
evidence, it is an affirmative defense under subparagraph (3) of 32
paragraph (a) of subsection 1 that the defendant consumed a 33
sufficient quantity of alcohol after operating or being in actual 34
physical control of the power-driven vessel or sailing vessel, as 35
applicable, under way and before his or her blood or breath was 36
tested, to cause the defendant to have a concentration of alcohol of 37
0.08 or more in his or her blood or breath. A defendant who intends 38
to offer this defense at a trial or preliminary hearing must, not less 39
than 14 days before the trial or hearing or at such other time as the 40
court may direct, file and serve on the prosecuting attorney a written 41
notice of that intent. 42
6. If the defendant was transporting a person who is less than 43
15 years of age in the power-driven vessel or sailing vessel, as 44
applicable, under way at the time of the violation, the court shall 45
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consider that fact as an aggravating factor in determining the 1
sentence of the defendant. 2
7. As used in this section, “offense” means: 3
(a) A violation of NRS 488.410 or 488.420; 4
(b) A homicide resulting from operating or being in actual 5
physical control of a power-driven vessel or sailing vessel under 6
way while under the influence of intoxicating liquor or a controlled 7
substance or resulting from any other conduct prohibited by this 8
section or NRS 488.410 or 488.420; or 9
(c) A violation of a law of any other jurisdiction that prohibits 10
the same or similar conduct as set forth in paragraph (a) or (b). 11
H