Third offense
Per se limit greater than zero for some drugs
THC per se (2 nanograms)
Enhanced penalties
0.18
Seven years
In compliance with Federal requirements
Good Samaritan law enacted
Administrative penalties
Statewide Program
ALS/ALR law enacted
Permitted
Habitual Offender Law enacted
51-100 DREs
6-10 DUI Courts
1-5 Hybrid Courts
No cannabis open container law
Recreational & Medical Cannabis
Blood, urine, and other bodily substances
No affirmative defense
No Data Available
Not authorized to use e-warrants
No Data Available
No legislation introduced
No low BAC provisions
none
Mandatory high-BAC and repeat offender
Legislation
Stimulants
No license suspension
Distinctive License & No Seizure Law
Lacks authorization
Oral fluid testing authorized
484C.160 -Learn More
Except as otherwise provided in subsections 4 and 5, any person who drives or is in actual physical control of a vehicle on a highway or on premises to which the public has access shall be deemed to have given his or her consent to an evidentiary test of his or her blood, urine, breath or other bodily substance to determine the concentration of alcohol in his or her blood or breath or to determine whether a controlled substance, chemical, poison, organic solvent or another prohibited substance is present, if such a test is administered at the request of a police officer having reasonable grounds to believe that the person to be tested was:
(a) Driving or in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or with a prohibited substance in his or her blood or urine; or
(b) Engaging in any other conduct prohibited by NRS 484C.110,Learn More 484C.120,Learn More 484C.130 Learn More or 484C.430. Learn More
Yes
Yes
Yes
"Other bodily substance"
Yes
Breath
484C.110 - Learn More
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.
484C.110 - Learn More
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.
484C.160(9) -Learn More
If a person to be tested fails to submit to a required test as requested by a police officer pursuant to this section and the officer has reasonable grounds to believe that the person to be tested was:
(a) Driving or in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or with a prohibited substance in his or her blood or urine; or
(b) Engaging in any other conduct prohibited by NRS 484C.110, 484C.120, 484C.130 or 484C.430,
the officer may apply for a warrant or court order directing that reasonable force be used to the extent necessary to obtain samples of blood from the person to be tested.
Yes
Yes
483.460 - Learn More
Yes
Driving Under the Influence — If preliminary breath or evidentiary breath, blood or urine tests reveal you are driving under the influence of alcohol or drugs or if you are convicted of DUI. The minimum license revocation period has been raised from 90 to 185 days for first offenses.
Refusal to Submit to Evidentiary Test – NRS 484C.210:
(a) One year; or
(b) Three years, if the license, permit or privilege to drive of the person has been revoked during the immediately preceding 7 years for failure to submit to an evidentiary test.
Yes
Random testing
NRS 484C.372 to NRS 484C.397 – Nevada 24/7 Sobriety and Drug Monitoring Program Act. Under certain conditions if adopted by political subdivision of state.
Random testing
NRS 484C.372 to NRS 484C.397 – Nevada 24/7 Sobriety and Drug Monitoring Program Act. Under certain conditions if adopted by political subdivision of state.
No
Per se amounts for marijuana removed in 2021 for all DUI offenses except felony DUI Resulting in Death or Substantial Bodily Harm (NRS 484C.430).
For violations of NRS 484C.110, misdemeanor or felony because of qualifying prior offenses, standard is impaired to a degree that renders driver incapable of safely driving or being in actual physical control of a vehicle.
NRS 484C.430.
Only applies to felony DUI Resulting in Death or Substantial Bodily Harm
No Data Available
Marijuana (Delta-9-THC) = 2 ng/ml
Marijuana metabolite (11-hydroxy-THC) = 5 ng/ml
For violations of NRS 484C.110, misdemeanor or felony because of qualifying prior offenses, standard is impaired to a degree that renders driver incapable of safely driving or being in actual physical control of a vehicle. NRS 484C.110.
484C.400 - Learn More
First and second DUI offenses require education on abuse of alcohol and controlled substances.
No Data Available
484C.400 - Learn More
First offense-Must complete a course on the abuse of alcohol and controlled substances. Imprisonment of not less than 2 days nor more than 6 months or perform not less than 48 hours of community service or not more than 96 hours. 185-day driver’s license revocation. Fine not less than $400, nor more than $1000.
Second offense–Imprisonment of not less than 10 days nor more than 6 months. Fine of not less than $750 nor more than $1000 or order person to perform an equivalent number of hours of community service. Required to attend a program of treatment for the abuse of drugs. One year driver’s license revocation.
Third and subsequent offense is a Class B Felony – Imprisonment for minimum of 1 year with maximum imprisonment of not more than 6 years. Fine of not less than $2,000 nor more than $5,000. Three-year license revocation.
Yes
484C.400 - Learn More
Yes
First offense-Must complete a course on the abuse of alcohol and controlled substances. Imprisonment of not less than 2 days nor more than 6 months or perform not less than 48 hours of community service or not more than 96 hours. 185-day driver’s license revocation. Fine not less than $400, nor more than $1000.
Second offense–Imprisonment of not less than 10 days nor more than 6 months. Fine of not less than $750 nor more than $1000 or order person to perform an equivalent number of hours of community service. Required to attend a program of treatment for the abuse of drugs. One year driver’s license revocation.
Third and subsequent offense is a Class B Felony – Imprisonment for minimum of 1 year with maximum imprisonment of not more than 6 years. Fine of not less than $2,000 nor more than $5,000. Three-year license revocation.
NRS 484C.400
Yes, with child under 15 in vehicle, court must consider it an aggravating circumstance when rendering sentence.
NRS 453.139
Delta-8 and Delta-9 Tetrahydrocannabinol are referenced here.
None in place
NRS 179.045 authorizes warrant application by secure electronic means.
Clark County; City of Las Vegas; City of North Las Vegas; City of Henderson; Washoe County; City of Reno.
(Note: Nevada State Police do not use E-Warrants in Clark County, City of Las Vegas, City of North Las Vegas, and City of Henderson.)
No program in place. Not addressed in statutes.
Yes
Yes - varies by locality.
No
No
21
NRS 453D.110; NRS 678D.200.
NRS 453.336; NRS 453D.110.
Under age 21 guilty of misdemeanor punishable by community service and up to $600 fine. Record sealed upon successful completion.
Not addressed in statute.
NRS 678D.310
4. A person under 21 years of age who falsely represents himself or herself to be 21 years of age or older to obtain cannabis is guilty of a misdemeanor.
NRS 678D.310
4. A person under 21 years of age who falsely represents himself or herself to be 21 years of age or older to obtain cannabis is guilty of a misdemeanor.
Yes. The caregiver must be 18 years of age or older. Patients may only have one designated primary caregiver.
No Data Available
No Data Available
NRS 678D.310.
7. A person who knowingly gives cannabis or a cannabis product to any person under 21 years of age or who knowingly leaves or deposits any cannabis or cannabis product in any place with the intent that it will be procured by any person under 21 years of age is guilty of a misdemeanor.
8. A person who knowingly gives cannabis to any person under 18 years of age or who knowingly leaves or deposits any cannabis in any place with the intent that it will be procured by any person under 18 years of age is guilty of a gross misdemeanor.
.
No Data Available
453.334 - Learn More
Selling marijuana to a minor is a category A felony punishable by life with the possibility of parole after a minimum of 5 years has been served, or for a definite term of 15 years with possibility for parole after a minimum of 5 years has been served, and a fine up to $20,000. The person may additionally be responsible for paying for the costs of the minor’s drug treatment costs.
No Data Available