Nevada Revised Statute § 484C.350 mandates that defendants in Nevada undergo a drug and alcohol evaluation for substance abuse problems if they get convicted of either: DUI with a blood alcohol content (BAC) of 0.18% or higher; a second-time DUI; marijuana possession of less than one ounce; underage DUI; possessing alcohol in public while under 21; or lying about being 21 or older in order to obtain alcohol or marijuana. The evaluation costs no more than $100.
The full text of the statute reads as follows:
NRS 484C.350. 1. If an offender is found guilty of a violation of NRS 484C.110 that is punishable pursuant to paragraph (a) of subsection 1 of NRS 484C.400 and if the concentration of alcohol in the offender’s blood or breath at the time of the offense was 0.18 or more, if an offender is found guilty of a violation of NRS 484C.110 or 484C.120 that is punishable pursuant to paragraph (b) of subsection 1 of NRS 484C.400 or if the offender is found guilty of a violation of subsection 4 of NRS 453.336, the court shall, before sentencing the offender, require an evaluation of the offender pursuant to subsection 3, 4, 5 or 6 to determine whether the offender has an alcohol or other substance use disorder.
2. If an offender is convicted of a violation of NRS 484C.110 or 484C.120 that is punishable pursuant to paragraph (a) of subsection 1 of NRS 484C.400 and if the offender is under 21 years of age at the time of the violation or if the offender is convicted of a violation of subsection 1 or 2 of NRS 202.020, subsection 1 of NRS 202.040 or subsection 4 of NRS 678D.310, the court shall, before sentencing the offender, require an evaluation of the offender pursuant to subsection 3, 4, 5 or 6 to determine whether the offender has an alcohol or other substance use disorder.
3. Except as otherwise provided in subsection 4, 5 or 6, the evaluation of an offender pursuant to this section must be conducted at an evaluation center by:
(a) An alcohol and drug counselor who is licensed or certified, or a clinical alcohol and drug counselor who is licensed, pursuant to chapter 641C of NRS, to make that evaluation;
(b) A physician who is certified to make that evaluation by the Board of Medical Examiners; or
(c) An advanced practice registered nurse who is certified to make that diagnosis by the State Board of Nursing,
who shall report to the court the results of the evaluation and make a recommendation to the court concerning the length and type of treatment required for the offender.4. The evaluation of an offender who resides more than 30 miles from an evaluation center may be conducted outside an evaluation center by a person who has the qualifications set forth in subsection 3. The person who conducts the evaluation shall report to the court the results of the evaluation and make a recommendation to the court concerning the length and type of treatment required for the offender.
5. The evaluation of an offender who resides in another state may, upon approval of the court, be conducted in the state where the offender resides by a physician, advanced practice registered nurse or other person who is authorized by the appropriate governmental agency in that state to conduct such an evaluation. The offender shall ensure that the results of the evaluation and the recommendation concerning the length and type of treatment for the offender are reported to the court.
6. The evaluation of an offender who resides in this State may, upon approval of the court, be conducted in another state by a physician, advanced practice registered nurse or other person who is authorized by the appropriate governmental agency in that state to conduct such an evaluation if the location of the physician, advanced practice registered nurse or other person in the other state is closer to the residence of the offender than the nearest location in this State at which an evaluation may be conducted. The offender shall ensure that the results of the evaluation and the recommendation concerning the length and type of treatment for the offender are reported to the court.
7. An offender who is evaluated pursuant to this section shall pay the cost of the evaluation. An evaluation center or a person who conducts an evaluation in this State outside an evaluation center shall not charge an offender more than $100 for the evaluation.
Legal Analysis
NRS 484C.350 requires that Nevada defendants undergo a drug and alcohol evaluation if they get convicted of either of the following eight crimes:
- First-time misdemeanor DUI with a BAC of 0.18% or higher
- Second-time misdemeanor DUI or commercial DUI
- Possession of less than one ounce of marijuana
- First-time DUI of a driver under 21 years old
- Drinking or buying alcohol in a location where alcohol is sold while under 21 years old
- Possessing alcohol in public while under 21 years old
- Lying about being 21 or older to obtain alcohol
- Lying about being 21 or older to obtain marijuana
The purpose of these evaluations is to determine whether the defendant has a substance abuse problem. If so, the judge may order that the defendant undergo a term of treatment as a condition of his/her sentence.
In general, these evaluations must be conducted in an evaluation center by a certified doctor, registered nurse, or alcohol or drug counselor. But if the defendant lives more than 30 miles from the closest evaluation center or in another state, then the evaluation may be conducted by anyone certified to make the evaluation.
The alcohol or drug evaluation may not cost more than $100. And the defendant is responsible for paying the cost.1
NRS 484C.350 requires certain DUI- and underage offenders to undergo an alcohol and drug evaluation.
Legal References
- NRS 484C.350 – Evaluation of first-time offender with a concentration of alcohol of 0.18 in his or her blood or breath and of second-time offenders required; required evaluation of first-time offender under 21 years of age; requirements of evaluation; out-of-state evaluation; offender to pay cost of evaluation.