Nevada § 484C.110 - Unlawful acts relating to operation of vehicle; affirmative defense; additional penalty for violation committed in work zone or pedestrian safety zone

§ 484C.110. Unlawful acts relating to operation of vehicle; affirmative defense; additional penalty for violation committed in work zone or pedestrian safety zone

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: Urine Blood Nanograms Nanograms Prohibited substance per milliliter 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: Blood Nanograms Prohibited substance 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 .