Nevada § 484C.430 - Penalty if death or substantial bodily harm results; exception; segregation of offender; plea bargaining restricted; suspension of sentence and probation prohibited; affirmative defense; exception; aggravating factor

§ 484C.430. Penalty if death or substantial bodily harm results; exception; segregation of offender; plea bargaining restricted; suspension of sentence and probation prohibited; affirmative defense; exception; aggravating factor

1. Unless a greater penalty is provided pursuant to NRS 484C.440 , a 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; (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; (d) Is under the influence of a controlled substance or is under the combined influence

of intoxicating liquor and a controlled substance; (e) 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; or (f) Has a prohibited substance in his or her blood or urine, as applicable, in an

amount that is equal to or greater than the amount set forth in subsection 3 or 4

of NRS 484C.110 , and does any act or neglects any duty imposed by law while driving or in actual physical

control of any vehicle on or off the highways of this State, if the act or neglect

of duty proximately causes the death of, or substantial bodily harm to, another person,

is guilty of a category B felony and shall be punished by imprisonment in the state

prison for a minimum term of not less than 2 years and a maximum term of not more

than 20 years and must be further punished by a fine of not less than $2,000 nor more

than $5,000. A person so imprisoned 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. A prosecuting attorney shall not dismiss a charge of violating the provisions of

subsection 1 in exchange for a plea of guilty, guilty but mentally ill or nolo contendere

to a lesser charge or for any other reason unless the attorney knows or it is obvious

that the charge is not supported by probable cause or cannot be proved at the time

of trial. A sentence imposed pursuant to subsection 1 may not be suspended nor may probation

be granted. 3. Except as otherwise provided in subsection 4, 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. 4. If the defendant is also charged with violating the provisions of NRS 484E.010 , 484E.020 or 484E.030 , the defendant may not offer the affirmative defense set forth in subsection 3. 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.