Nevada § 488.410 - Unlawful acts; penalty

§ 488.410. Unlawful acts; penalty

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 operating or being in actual physical

control of a power-driven vessel or sailing vessel under way to have a concentration

of alcohol of 0.08 or more in his or her blood or breath, to operate or be in actual physical control of a power-driven vessel or sailing vessel

under way on the waters of this State. 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 operating or exercising actual physical control of a power-driven

vessel or sailing vessel under way, to operate or be in actual physical control of a power-driven vessel or sailing vessel

under way on the waters of this State. 3. It is unlawful for any person to operate or be in actual physical control of a

power-driven vessel or sailing vessel under way on the waters of this State 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 per Nanograms per Prohibited substance milliliter 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 NRS 488.427 , it is unlawful for any person to operate or be in actual physical control of a power-driven

vessel or sailing vessel under way on the waters of this State with an amount of any

of the following prohibited substances in his or her blood that is equal to or greater

than: Blood Nanograms per Prohibited substance 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 operating or being in actual physical control of the power-driven

vessel or sailing vessel, as applicable, under way and before his or her blood was

tested, to cause the defendant to have a concentration of 0.08 or more of alcohol

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. Except as otherwise provided in NRS 488.427 , a person who violates the provisions of this section is guilty of a misdemeanor.