"DUI of Prescription Painkillers" in Nevada (NRS 484C.110)
Explained by Las Vegas Criminal Defense Attorneys

Nevada prohibits driving under the influence of prescription painkillers, even with a doctor's prescription. The District Attorney prosecutes cases of "DUI of prescription painkillers" no less seriously than driving drunk and driving under the influence of illegal drugs. And any drivers who are arrested for "DUI of prescription painkillers" must submit to a Nevada DUI blood test (if the police get a lawful warrant).

Defenses:

Typical defenses to fight "DUI prescription painkiller" charges in Nevada include:

  • Incorrect blood tests
  • The driver did not take the pain pills until after he/she stopped driving
  • Lack of probable cause for law enforcement to conduct a traffic stop

Penalties:

If no one sustained substantial bodily harm in Nevada, a first- or second-time charge of driving under the influence of prescription painkillers is prosecuted as a misdemeanor in Nevada. Standard Nevada DUI penalties are:

  • A suspended jail term for a first DUI, and 10 days of jail for a second DUI
  • Fines of up to $1,000;
  • Nevada DUI School;
  • Victim impact panel; and
  • A driver's license suspension of 3 months for a first DUI, and a suspension of 1 year for a second DUI
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A driver in Nevada can be arrested for DUI for driving impaired by prescription painkillers, even with a valid doctor's prescription.

Otherwise, third-time DUIs or DUIs resulting in injury or death in Nevada are felonies in Nevada. The penalties are:

  • Fines of $2,000 to $5,000; and
  • 1 to 6 years in Nevada State Prison for a third DUI, and 2 to 20 years for a DUI with injury or death

In this article, our Las Vegas DUI defense attorneys discuss the Nevada crime of driving while impaired from prescription painkillers. Keep reading to learn more.

Definition of "DUI Prescription Painkillers" in Nevada

It is a criminal offense in Nevada to operate a motor vehicle (including motorcycles) under the influence of prescription painkillers.1 Despite whether the driver has a physician's prescription, taking the wheel while impaired by prescription painkillers is just as unlawful as driving while inebriated. Boulder City criminal defense attorney Michael Becker offers an illustration:

Example: Greta suffers from chronic back pain and has a prescription for Percocet to get through the day. One morning she mistakenly takes three pills instead of her prescribed two. On her drive to work, the extra dosage takes effect and she has trouble staying in her lane. If a policeman sees this, Greta could be arrested and taken to the Clark County Detention Center for driving impaired by a prescription painkillers.

In the above example, it makes no difference that Greta did not take the extra Percocet on purpose. The mere act of driving while under the influence of pain pills amounts to DUI of prescription drugs in Nevada.

Examples of other prescription painkillers which can result in impaired driving are:

DUI of medical marijuana in Nevada

It is considered "DUI of prescription painkillers" in Nevada not only to drive under the influence of medical marijuana ... but also to drive with a blood content of either:

  • 2 or more nanograms per milliliter of marijuana; or
  • 5 or more nanograms per milliliter of marijuana metabolite
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Driving under the influence of medical marijuana is against Nevada law.

Consequently, medical marijuana patients can be convicted of DUI even if they are driving responsibly but have excessive pot in their blood.2 Boulder City criminal defense attorney Neil Shouse gives an example:

Example: Enid is a registered medical marijuana patient in Nevada. While driving to work in Mesquite, a policeman notices that the registration tag on her license plate is expired and pulls her over. After the cop approaches Enid, he smells marijuana, which gives the cop probable cause to suspect Enid of DUI. The cop then has Enid perform Nevada field sobriety tests, which she passes. But the cop opts to arrest Enid anyway and book her at Mesquite Detention Center for a blood test. The bloodwork shows that Enid has more than the legal limit of marijuana in her system, and the Clark County D.A. files DUI charges against Enid.

In the above fact pattern, Enid can still be found guilty of DUI even though she was a lawful medical marijuana cardholder and aced the field sobriety tests. Simply having a blood marijuana content that exceeded 2 nanograms per milliliter is sufficient for the Clark County D.A. to sustain a conviction for DUI.

Blood tests for "DUI of prescription painkillers" cases in Nevada

Whenever a Nevada cop pulls over a driver on suspicion of DUI, the officer will ask the driver to submit to a preliminary breath test as well as Nevada field sobriety tests. (Note that drivers are not required to take either test.) If the driver performs the tests and passes them, the cop may then surmise that the driver is impaired by not alcohol but rather controlled substances...

If the cop at this point arrests the driver for DUI of drugs, the driver is legally required to take a DUI blood test (after the officer secures a warrant). If the driver will not agree to take the blood test, the cop may utilize "reasonable force" and constrain the driver to elicit the blood sample. Note that refusing to submit to a DUI blood test can be used as evidence against the driver if the case goes to trial.3

Driver's license suspensions for "DUI of prescription painkillers" cases in Nevada

Whenever drivers get arrested for drunk driving after failing a Nevada DUI breath test, the cop confiscates their driver's license immediately. But in situations involving alleged drugged driving where the cop instead administers a blood test, the Nevada DMV will not suspend their driver's licenses until the blood work comes back positive for drugs. Sometimes this does not happen until weeks or months after the arrest.4 (Scroll down to the "Penalties" section for information on the length of driver's license suspensions.)

Defenses to "DUI Prescription Painkillers" in Nevada

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Defective blood-testing equipment is a possible defense to Nevada charges of "DUI of prescription painkillers."

Usual defenses to "DUI of prescription painkillers" are identical to drunk driving defenses:

  • Broken blood testing equipment or contamination of blood samples. Blood tests should not qualify as evidence if the testing equipment was defective, or if the lab technician mishandled the samples. Merely demonstrating that the drug tester's certification was expired may be enough to get the DUI charge dismissed.
  • The driver did not take the painkillers until after he/she stopped driving. Maybe the driver did not swallow any pills until after the cops pulled him/her over. If the prosecutors cannot show that the driver was under the influence of a prescription painkiller prior to the traffic stop, the case should be dropped.
  • No probable cause for traffic stop. Police are not permitted to pull over drivers on suspicion of DUI absent "probable cause" (unless the driver is traveling through a Nevada DUI checkpoint). If the defense attorney can demonstrate that the cop did not observe the defendant violating any traffic laws or driving dangerously before the police stop, the judge should throw out the DUI charge.

Note that it is not a valid DUI defense to Nevada prescription painkiller charges that the driver experienced an unusual reaction to the drug. However, the D.A. might be more amenable to reduce or drop the charges if the driver can show he/she was not given any warning that taking the painkiller could impede his/he driving.

Penalties for DUI Prescription Painkillers in Nevada

The punishments for "DUI prescription painkillers" in Nevada are no different than those for drunk driving. The penalties grow harsher with each successive DUI within the past seven (7) years. The law also doles out a tougher sentence if the incident caused a victim to die or sustain substantial bodily harm in Nevada.5

First-time DUI within 7 years:

  • 2 days to 6 months in county jail (the court usually imposes a suspended jail sentence of 6 months);
  • Nevada DUI School (an alcohol education program that the defendant pays for and can be done online);
  • Fines of $400 to $1,000 plus court costs (In Las Vegas Justice Court, the fine is $685. In Las Vegas Municipal Court, it is $810.);
  • Victim impact panel (a meeting often sponsored by MADD that the defendant pays for and usually must be done in person); and
  • A driver's license suspension of 90 days (the defendant can apply for a Nevada restricted driver's license for the last 45 days)

Note that the sentence can be as much as doubled if the DUI occurred in a work zone. Read more about Nevada DUI first penalties.

Second-time DUI within 7 years:

  • 10 days to 6 months in county jail;
  • Fines of $750 to $1,000;
  • Victim impact panel;
  • An alcohol/drug dependency evaluation (costs $100);
  • A driver's license suspension of 1 year; and
  • Possibly Nevada Misdemeanor DUI Court, an intensive alcohol or drug abuse treatment program that may be done in lieu of jail

Note that the sentence can be as much as doubled if the DUI occurred in a work zone. Read more about Nevada DUI second penalties.

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Drivers charged with 2nd- or 3rd-time DUIs in Nevada might be permitted to do a rehab program instead of jail.

Third-time DUI within 7 years:

  • 1 to 6 years in Nevada State Prison;
  • Fines of $2,000 to $5,000;
  • Victim impact panel;
  • A driver's license suspension of 3 years;
  • An alcohol/drug dependency evaluation (costs $100); and
  • Possibly Nevada Felony DUI Court, an intensive alcohol and drug abuse treatment program that may be done in lieu of prison

Read more about Nevada DUI third penalties.

DUI causing injury or death:

  • 2 to 20 years in Nevada State Prison; and
  • Fines of $2,000 to $5,000

Note that if the defendant has at least three (3) previous DUI convictions, then a DUI incident resulting in death will be charged as the Nevada crime of vehicular homicide.6 The incarceration time for the Nevada crime of vehicular homicide is either:

  • 25 years in Nevada State Prison with the possibility of parole after 10 years; or
  • Life in Nevada State Prison with the possibility of parole after 10 years

Plea Bargains:

Depending on the circumstances, a defense attorney might be able to convince the D.A. to lessen a charge of "DUI prescription painkillers" down to the Nevada crime of reckless driving. There are three benefits to having a conviction for reckless driving rather than for DUI prescription painkillers:

  1. It is less socially stigmatizing to have a conviction for reckless driving than for DUI, and employers do not look down on reckless driving as much as DUI.
  2. Nevada courts can seal reckless driving convictions from the driver's criminal record after only two (2) years from when the case is closed. By contrast, Nevada courts may not seal DUI convictions until seven (7) years after the case gets closed. Read more about sealing criminal records in Nevada.
  3. The punishment for DUI get harsher with each successive conviction. So if a driver can get a DUI charge lessened to a reckless driving, then his/her next DUI arrest (if there is one) will be charged as only a first-time DUI and not a second.

Note that Nevada law precludes district attorneys from dropping DUI charges unless they have substantial problems with their evidence. But depending on the circumstance, getting DUI charges dismissed may still be possible.7

Arrested? Call us...

If you are facing criminal charges for "driving under the influence of prescription painkillers" in Nevada, phone our Las Vegas DUI defense lawyers at 702-DEFENSE (702-333-3673) for a FREE consultation. Maybe we can get your case reduced or dismissed. And we are always ready to go to trial and fight for a "not guilty" verdict.

For information about Driving Under the Influence of Vicodin or Hydrocodone in California, refer to our page on Driving Under the Influence of Vicodin or Hydrocodone in California. For information about DUI of sleeping pills in California, see our page on DUI of sleeping pills in California.

Legal Resources

1NRS 484C.110 Unlawful acts; affirmative defense; additional penalty for violation committed in work zone.

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 a prohibited substance 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) Marijuana (Pot) 10 2
(h) Marijuana metabolite 15 5
(i) Methamphetamine (Meth) 500 100
(j) Phencyclidine 25 10

5.  A person who violates any provision of this section may be subject to the additional penalty set forth in NRS 484B.130.

2Id.

3NRS 484C.240 Admissibility of evidence of refusal to submit to evidentiary test; availability of results of test; admissibility of evidence from test.

1.  If a person refuses to submit to a required chemical test provided for in NRS 484C.150 or 484C.160, evidence of that refusal is admissible in any criminal or administrative action arising out of acts alleged to have been committed while the person was: (a) Driving or in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance with a prohibited substance in his or her blood or urine; or (b) Engaging in any other conduct prohibited by NRS 484C.110, 484C.120, 484C.130 or 484C.430.

2.  Except as otherwise provided in subsection 3 of NRS 484C.150, a court or hearing officer may not exclude evidence of a required test or failure to submit to such a test if the police officer or other person substantially complied with the provisions of NRS 484C.150 to 484C.250, inclusive, and 484C.600 to 484C.640, inclusive.

3.  If a person submits to a chemical test provided for in NRS 484C.150 or 484C.160, full information concerning that test must be made available, upon request of the person, to the person or his or her attorney.

4.  Evidence of a required test is not admissible in a criminal or administrative proceeding unless it is shown by documentary or other evidence that the law enforcement agency calibrated the breath-testing device and otherwise maintained it as required by the regulations of the Committee on Testing for Intoxication.

4 NRS 484C.210  Revocation of license, permit or privilege to drive when test shows concentration of alcohol of 0.10 or more in blood or breath; periods of ineligibility to run consecutively.

1.  If a person fails to submit to an evidentiary test as requested by a police officer pursuant to NRS 484C.160, the license, permit or privilege to drive of the person must be revoked as provided in NRS 484C.220, and the person is not eligible for a license, permit or privilege to drive for a period of: (a) One year; or (b) Three years, if the license, permit or privilege to drive of the person has been revoked during the immediately preceding 7 years for failure to submit to an evidentiary test.

2. If the result of a test given under NRS 484C.150 or 484C.160 shows that a person had a concentration of alcohol of 0.08 or a detectable amount of a controlled substance or prohibited substance in his or her blood or urine for which he or she did not have a valid prescription, as defined in NRS 453.128, or hold a valid registry identification card, as defined in NRS 453A.140 at the time of the test, the license, permit or privilege of the person to drive must be revoked as provided in NRS 484C.220 and the person is not eligible for a license, permit or privilege for a period of 90 days.

3.  If a revocation of a person's license, permit or privilege to drive under NRS 62E.640 or 483.460 follows a revocation under subsection 2 which was based on the person having a concentration of alcohol of 0.10 or more in his or her blood or breath , the Department shall cancel the revocation under that subsection and give the person credit for any period during which the person was not eligible for a license, permit or privilege.

4.  Periods of ineligibility for a license, permit or privilege to drive which are imposed pursuant to this section must run consecutively.

5NRS 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.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 2 of NRS 484C.420, order the person to pay tuition for an educational course on the abuse of alcohol and controlled substances 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, sentence the person to imprisonment for not less than 2 days nor more than 6 months in jail, or to perform not less than 48 hours, but not more than 96 hours, of community service while dressed in distinctive garb that identifies the person as having violated the provisions of NRS 484C.110 or 484C.120;

(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 the abuse of alcohol or drugs 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 while dressed in distinctive garb that identifies the person as having violated the provisions of NRS 484C.110 or 484C.120; and

(3) Order the person to attend a program of treatment for the abuse of alcohol or drugs 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 shall be punished by 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 shall be further punished by a fine of not less than $2,000 nor more than $5,000. 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 when evidenced by a conviction, 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, confined in a treatment facility, 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).

NRS 483.460 Mandatory revocation of license, permit or privilege to drive; period of revocation; tolling of period of revocation during imprisonment; eligibility for restricted license; action to carry out court's order.

1.  Except as otherwise provided by specific statute, the Department shall revoke the license, permit or privilege of any driver upon receiving a record of his or her conviction of any of the following offenses, when that conviction has become final, and the driver is not eligible for a license, permit or privilege to drive for the period indicated:

(a) For a period of 3 years if the offense is:

(1) A violation of subsection 6 of NRS 484B.653.

(2) A third or subsequent violation within 7 years of NRS 484C.110 or 484C.120.

(3) A violation of NRS 484C.110 or 484C.120 resulting in a felony conviction pursuant to NRS 484C.400 or 484C.410.

(4) A violation of NRS 484C.430 or 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.

--> The period during which such a driver is not eligible for a license, permit or privilege to drive must be set aside during any period of imprisonment and the period of revocation must resume when the Department is notified pursuant to NRS 209.517 or 213.12185 that the person has completed the period of imprisonment or that the person has been placed on residential confinement or parole.

(b) For a period of 1 year if the offense is:

(1) Any other manslaughter, including vehicular manslaughter as described in NRS 484B.657, resulting from the driving of a motor vehicle or felony in the commission of which a motor vehicle is used, including the unlawful taking of a motor vehicle.

(2) Failure to stop and render aid as required pursuant to the laws of this State in the event of a motor vehicle accident resulting in the death or bodily injury of another.

(3) Perjury or the making of a false affidavit or statement under oath to the Department pursuant to NRS 483.010 to 483.630, inclusive, or pursuant to any other law relating to the ownership or driving of motor vehicles.

(4) Conviction, or forfeiture of bail not vacated, upon three charges of reckless driving committed within a period of 12 months.

(5) A second violation within 7 years of NRS 484C.110 or 484C.120 and the driver is not eligible for a restricted license during any of that period.

(6) A violation of NRS 484B.550.

(c) For a period of 90 days, if the offense is a first violation within 7 years of NRS 484C.110 or 484C.120.

2.  The Department shall revoke the license, permit or privilege of a driver convicted of violating NRS 484C.110 or 484C.120 who fails to complete the educational course on the use of alcohol and controlled substances within the time ordered by the court and shall add a period of 90 days during which the driver is not eligible for a license, permit or privilege to drive.

3.  When the Department is notified by a court that a person who has been convicted of a first violation within 7 years of NRS 484C.110 has been permitted to enter a program of treatment pursuant to NRS 484C.320, the Department shall reduce by one-half the period during which the person is not eligible for a license, permit or privilege to drive, but shall restore that reduction in time if notified that the person was not accepted for or failed to complete the treatment.

4.  The Department shall revoke the license, permit or privilege to drive of a person who is required to install a device pursuant to NRS 484C.460 but who operates a motor vehicle without such a device:

(a) For 3 years, if it is his or her first such offense during the period of required use of the device.

(b) For 5 years, if it is his or her second such offense during the period of required use of the device.

5.  A driver whose license, permit or privilege is revoked pursuant to subsection 4 is not eligible for a restricted license during the period set forth in paragraph (a) or (b) of that subsection, whichever applies.

6.  In addition to any other requirements set forth by specific statute, if the Department is notified that a court has ordered the revocation, suspension or delay in the issuance of a license pursuant to title 5 of NRS, NRS 176.064, 206.330 or 392.148, chapters 484A to 484E, inclusive, of NRS or any other provision of law, the Department shall take such actions as are necessary to carry out the court's order.

7.  As used in this section, “device” has the meaning ascribed to it in NRS 484C.450.

6NRS 484C.130 Vehicular homicide; affirmative defense.

1.  A person commits vehicular homicide if the person:

(a) Drives or is in actual physical control of a vehicle on or off the highways of this State and:

(1) Is under the influence of intoxicating liquor;

(2) Has a concentration of alcohol of 0.08 or more in his or her blood or breath;

(3) 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;

(4) Is under the influence of a controlled substance or is under the combined influence of intoxicating liquor and a controlled substance;

(5) 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

(6) Has a prohibited substance in his or her blood or urine in an amount that is equal to or greater than the amount set forth in subsection 3 of NRS 484C.110;

(b) Proximately causes the death of another person while driving or in actual physical control of a vehicle on or off the highways of this State; and

(c) Has previously been convicted of at least three offenses.

2.  If consumption is proven by a preponderance of the evidence, it is an affirmative defense under subparagraph (3) of paragraph (a) 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.

3.  As used in this section, “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 this section or NRS 484C.110 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).

NRS 484C.440 Penalties for vehicular homicide; segregation of offender; plea bargaining restricted; suspension of sentence and probation prohibited; aggravating factor.

1.  A person who commits vehicular homicide pursuant to NRS 484C.130 is guilty of a category A felony and shall be punished by imprisonment in the state prison:

(a) For life with the possibility of parole, with eligibility for parole beginning when a minimum of 10 years has been served; or

(b) For a definite term of 25 years, with eligibility for parole beginning when a minimum of 10 years has been served.

2.  A person imprisoned pursuant to subsection 1 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.

3.  A prosecuting attorney shall not dismiss a charge of vehicular homicide 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.

4.  If the defendant was transporting a person who is less than 15 years of age in the vehicle at the time of the violation, the court shall consider that fact as an aggravating factor in determining the sentence of the defendant.

7NRS 484C.420 Probation prohibited; suspension of sentence and plea bargaining restricted; mandatory orders when person is nonresident.

1.  A person convicted of violating the provisions of NRS 484C.110 or 484C.120 must not be released on probation, and a sentence imposed for violating those provisions must not be suspended except, as provided in NRS 4.373, 5.055, 484C.320, 484C.330 and 484C.340, that portion of the sentence imposed that exceeds the mandatory minimum. A prosecuting attorney shall not dismiss a charge of violating the provisions of NRS 484C.110 or 484C.120 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.

2.  If the person who violated the provisions of NRS 484C.110 or 484C.120 possesses a driver's license issued by a state other than the State of Nevada and does not reside in the State of Nevada, in carrying out the provisions of subparagraph

(1) of paragraph (a) of subsection 1 of NRS 484C.400, the court shall:

(a) Order the person to pay tuition for and submit evidence of completion of an educational course on the abuse of alcohol and controlled substances approved by a governmental agency of the state of the person's residence within the time specified in the order; or

(b) Order the person to complete an educational course by correspondence on the abuse of alcohol and controlled substances approved by the Department within the time specified in the order,

--> and the court shall notify the Department if the person fails to complete the assigned course within the specified time.

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