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Nevada

Felony DUI

Third offense

DUID Zero Tolerance and Per Se Laws

Per se limit greater than zero for some drugs

Cannabis Drug-Impaired Driving Laws

THC per se (2 nanograms)

DUI Child Endangerment Laws

Enhanced penalties

Enhanced Penalties for High-BAC

0.18

DUI Look-back Periods

Seven years

Open Container - Alcohol

In compliance with Federal requirements

Good Samaritan

Good Samaritan law enacted

Test Refusal

Administrative penalties

24/7 Programs

No 24/7 legislation

Administrative License Suspension/Revocation

ALS/ALR law enacted

Sobriety Checkpoints

Permitted

Habitual Offender Designation

No Habitual Offender Law

Drug Evaluation and Classification Program

51-100 DREs

DUI Courts - Standalone

6-10 DUI Courts

DUI Courts - Hybrid

1-5 Hybrid Courts

Open Container - Cannabis

No cannabis open container law

Cannabis Laws (2020)

Recreational & Medical Cannabis

DUID: Implied Consent Testing Methods

Blood, urine, and other bodily substances

DUID Affirmative Defense

No affirmative defense

Anti-Plea Bargaining Statutes

No Data Available

eWarrant Case Study Sites

Not authorized to use e-warrants

Preliminary Breath Test (PBT) Laws

No Data Available

2016 Enacted Impaired Driving and Underage Drinking Legislation

None

Lower BAC legislation

No legislation introduced

Low BAC

No low BAC provisions

CARS Implementation

none

2017 New Impaired Driving and Underage Drinking Laws

Alcohol and Drug-impaired Driving Legislation

Ignition Interlocks

Mandatory all offender

Electronic Warrants (E-warrants) Authorization

Legislation

Top Detected Drug Category by State (2019)

Stimulants

2019 Enacted Impaired Driving & Underage Drinking Legislation

Impaired Driving Legislation

2019 Legislative Activity

Active

False Identification - Sanctions

No license suspension

False Identification - Point-of-Sale Policies

Distinctive License & No Seizure Law

No Refusal Programs

Lacks authorization

Oral Fluid Testing

Oral fluid testing authorized

Implied Consent Laws

Drugs

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

Blood

Yes

Urine

Yes

Oral Fluids

Yes
"Other bodily substance"

Other

Yes
Breath

DUI Statutes

Drugs

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.

Combined/Multiple Substance

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.

Refusal Law to Chemical Testing (Not Alcohol)

Penalties

 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.

Can Refusal Be Used as Evidence?

Admin Hearing or Civil Trial

Yes

Criminal Trial

Yes

ALR Laws

Cannabis

483.460 - Learn More
Yes

Length/Time of Restriction

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.

Hardship License Available

Yes

Random Drug Testing or Ignition Interlock Requirements

Cannabis

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.

Other Drugs

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.

Zero Tolerance Level for People Under 21 Who Are Driving Under the Influence of Cannabis or Other Drugs

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.

Cannabis Per Se Statute

NRS 484C.430.
Only applies to felony DUI Resulting in Death or Substantial Bodily Harm

Threshold

No Data Available

Nanogram Limit

Marijuana (Delta-9-THC) = 2 ng/ml
Marijuana metabolite (11-hydroxy-THC) = 5 ng/ml

DUI Standards

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.

Provisions for Screening Cannabis/Assessment/Education/Treatment

484C.400 - Learn More
First and second DUI offenses require education on abuse of alcohol and controlled substances.

Additional Penalties

No Data Available

Cannabis Impaired Driving Penalties

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.

Are the Impaired Driving Penalties the Same for Alcohol?

Yes

Are Combined Substances Mentioned in DUI Statute?

484C.400 - Learn More
Yes

Penalties for Multiple Substance/Multiple Substance Impaired Driving

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.

Child Endangerment or Enhanced Penalties for Driving Impaired by Cannabis/Drugs with Child in Car

NRS 484C.400
Yes, with child under 15 in vehicle, court must consider it an aggravating circumstance when rendering sentence.

Statutes with THC Listed as Delta 8, 9, 10, or 11

NRS 453.139
Delta-8 and Delta-9 Tetrahydrocannabinol are referenced here.

Electronic Warrant Program

Statewide

None in place
NRS 179.045 authorizes warrant application by secure electronic means.

By Locality

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.)

Law Enforcement Phlebotomy Program

No program in place. Not addressed in statutes.

Oral Fluid

For Drug Detection

Yes

Roadside - Not Evidential

Yes - varies by locality.

Evidential

No

Roadside and Evidential

No

Minimum Legal Age for Cannabis Consumption

21
NRS 453D.110; NRS 678D.200.

Underage Cannabis Laws and Penalties

Underage Possession

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.

Underage Consumption

Not addressed in statute.

Underage Purchase

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.

Underage Attempt to Purchase

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.

Underage Exemptions to Illegality of Cannabis

Medical Marijuana

Yes. The caregiver must be 18 years of age or older. Patients may only have one designated primary caregiver.

Other

No Data Available

Underage Cannabis Provisions for Screening/Assessment/Education/Treatment/Medication Assisted Treatment

No Data Available

Social Host Laws

Cannabis

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. .

Drugs

No Data Available

Penalties for Retailers Who Knowingly Sell to People Under 21

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.

Other

No Data Available