Nevada § 488.420 - Penalty if death or substantial bodily harm results; exception; segregation of offender; plea bargaining prohibited; affirmative defense; aggravating factor

§ 488.420. Penalty if death or substantial bodily harm results; exception; segregation of offender; plea bargaining prohibited; affirmative defense; aggravating factor

1. Unless a greater penalty is provided pursuant to NRS 488.425 , 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 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; (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 operating or being in actual physical control of a power-driven

vessel or sailing vessel under way; 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 488.410 , and does any act or neglects any duty imposed by law while operating or being in actual

physical control of any power-driven vessel or sailing vessel under way, 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 shall 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 prosecuting 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 must not be suspended, and probation

must not be granted. 3. 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 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 a person less than 15 years of age was in the vessel at the time of the defendant's

violation, the court shall consider that fact as an aggravating factor in determining

the sentence of the defendant.