Nevada § 484C.400 - Penalties for first, second and third offenses; segregation of offender; intermittent confinement; consecutive sentences; aggravating factor

§ 484C.400. Penalties for first, second and third offenses; segregation of offender; intermittent confinement; consecutive sentences; aggravating factor

1. Unless a greater penalty is provided pursuant to NRS 484C.430 or 484C.440 , and except as otherwise provided in NRS 484C.394 or 484C.410 , a person who violates the provisions of NRS 484C.110 or 484C.120 : (a) For the first offense within 7 years, is guilty of a misdemeanor. Unless the person is allowed to undergo treatment as provided in NRS 484C.320 , the court shall: (1) Except as otherwise provided in subparagraph (4) of this paragraph or subsection

3 of NRS 484C.420 , order the person to pay tuition for an educational course on alcohol or other substance

use disorders approved by the Department and complete the course within the time specified

in the order, and the court shall notify the Department if the person fails to complete

the course within the specified time; (2) Unless the sentence is reduced pursuant to NRS 484C.320 : (I) Sentence the person to imprisonment for not less than 2 days nor more than 6 months

in jail or residential confinement for not less than 2 days nor more than 6 months,

in the manner provided in NRS 4.376 to 4.3766 , inclusive, or 5.0755 to 5.078 , inclusive; or (II) Order the person to perform not less than 48 hours, but not more than 96 hours,

of community service; (3) Fine the person not less than $400 nor more than $1,000; and (4) If the person is found to have a concentration of alcohol of 0.18 or more in his

or her blood or breath, order the person to attend a program of treatment for an alcohol

or other substance use disorder pursuant to the provisions of NRS 484C.360 . (b) For a second offense within 7 years, is guilty of a misdemeanor. Unless the sentence is reduced pursuant to NRS 484C.330 , the court shall: (1) Sentence the person to: (I) Imprisonment for not less than 10 days nor more than 6 months in jail; or (II) Residential confinement for not less than 10 days nor more than 6 months, in

the manner provided in NRS 4.376 to 4.3766 , inclusive, or 5.0755 to 5.078 , inclusive; (2) Fine the person not less than $750 nor more than $1,000, or order the person to

perform an equivalent number of hours of community service; and (3) Order the person to attend a program of treatment for an alcohol or other substance

use disorder pursuant to the provisions of NRS 484C.360 . A person who willfully fails or refuses to complete successfully a term of residential

confinement or a program of treatment ordered pursuant to this paragraph is guilty

of a misdemeanor. (c) Except as otherwise provided in NRS 484C.340 , for a third offense within 7 years, is guilty of a category B felony and the court: (1) Shall: (I) Sentence the person to imprisonment in the state prison for a minimum term of

not less than 1 year and a maximum term of not more than 6 years; and (II) Fine the person not less than $2,000 nor more than $5,000; and (2) May order the person to attend a program of treatment for an alcohol or other

substance use disorder pursuant to the provisions of NRS 484C.360 if the results of an evaluation conducted pursuant to NRS 484C.300 indicate that the person has an alcohol or other substance use disorder and that

the person can be treated successfully for his or her condition. An offender who is imprisoned pursuant to the provisions of this paragraph must, insofar

as practicable, be segregated from offenders whose crimes were violent and, insofar

as practicable, be assigned to an institution or facility of minimum security. 2. An offense that occurred within 7 years immediately preceding the date of the principal

offense or after the principal offense constitutes a prior offense for the purposes

of this section: (a) When evidenced by a conviction; or (b) If the offense is conditionally dismissed or the judgment of conviction is set

aside pursuant to NRS 176A.240 , 176A.260 or 176A.290 or dismissed in connection with successful completion of a diversionary program or

specialty court program, without regard to the sequence of the offenses and convictions. The facts concerning a prior offense must be alleged in the complaint, indictment

or information, must not be read to the jury or proved at trial but must be proved

at the time of sentencing and, if the principal offense is alleged to be a felony,

must also be shown at the preliminary examination or presented to the grand jury. 3. A term of confinement imposed pursuant to the provisions of this section may be

served intermittently at the discretion of the judge or justice of the peace, except

that a person who is convicted of a second or subsequent offense within 7 years must

be confined for at least one segment of not less than 48 consecutive hours. This discretion must be exercised after considering all the circumstances surrounding

the offense, and the family and employment of the offender, but any sentence of 30

days or less must be served within 6 months after the date of conviction or, if the

offender was sentenced pursuant to NRS 484C.320 or 484C.330 and the suspension of his or her sentence was revoked, within 6 months after the

date of revocation. Any time for which the offender is confined must consist of not less than 24 consecutive

hours. 4. Jail sentences simultaneously imposed pursuant to this section and NRS 482.456 , 483.560 , 484C.410 or 485.330 must run consecutively. 5. If the defendant was transporting a person who is less than 15 years of age in

the motor vehicle at the time of the violation, the court shall consider that fact

as an aggravating factor in determining the sentence of the defendant. 6. For the purpose of determining whether one offense occurs within 7 years of another

offense, any period of time between the two offenses during which, for any such offense,

the offender is imprisoned, serving a term of residential confinement, placed under

the supervision of a treatment provider, on parole or on probation must be excluded. 7. As used in this section, unless the context otherwise requires, “ offense ” means: (a) A violation of NRS 484C.110 , 484C.120 or 484C.430 ; (b) A homicide resulting from driving or being in actual physical control of a vehicle

while under the influence of intoxicating liquor or a controlled substance or resulting

from any other conduct prohibited by NRS 484C.110 , 484C.130 or 484C.430 ; or (c) A violation of a law of any other jurisdiction that prohibits the same or similar

conduct as set forth in paragraph (a) or (b).