Nevada Revised Statutes
Chapter 484C - Driving Under the Influence of Alcohol or a Prohibited Substance
NRS 484C.340 - Application by third-time offender to undergo program of treatment; hearing under certain circumstances; sentencing of offender and conditional suspension of proceedings; administration of program; requirements to participate in progra...


1. An offender who enters a plea of guilty or nolo contendere to a violation of NRS 484C.110 or 484C.120 that is punishable pursuant to paragraph (c) of subsection 1 of NRS 484C.400 may, at the time the offender enters a plea, apply to the court to undergo a program of treatment for an alcohol or other substance use disorder for at least 3 years. The court may authorize that treatment if:
(a) The offender is diagnosed as a person with an alcohol or other substance use disorder by:
(1) 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 diagnosis;
(2) A physician who is certified to make that diagnosis by the Board of Medical Examiners;
(3) An advanced practice registered nurse who is certified to make that diagnosis by the State Board of Nursing; and
(b) The offender agrees to pay the costs of the treatment to the extent of his or her financial resources.
An alcohol and drug counselor, a clinical alcohol and drug counselor, a physician or an advanced practice registered nurse who diagnoses an offender as a person with an alcohol or other substance use disorder shall make a report and recommendation to the court concerning the length and type of treatment required for the offender.
2. A prosecuting attorney may, within 10 days after receiving notice of an application for treatment pursuant to this section, request a hearing on the matter. The court shall order a hearing on the application upon the request of the prosecuting attorney or may order a hearing on its own motion.
3. At the hearing on the application for treatment, the prosecuting attorney may present the court with any relevant evidence on the matter. If a hearing is not held, the court shall decide the matter and other information before the court.
4. If the court determines that an application for treatment should be granted, the court shall:
(a) Immediately, without entering a judgment of conviction and with the consent of the offender, suspend further proceedings and place the offender on probation for not more than 5 years.
(b) Order the offender to complete a program of treatment for an alcohol or other substance use disorder with a treatment provider approved by the court. If the court has a specialty court program for the supervision and monitoring of the person, the treatment provider must comply with the requirements of the specialty court, including, without limitation, any requirement to submit progress reports to the specialty court.
(c) Advise the offender that:
(1) He or she may be placed under the supervision of a treatment provider for not more than 5 years.
(2) The court may order the offender to be admitted to a residential treatment facility.
(3) The court will enter a judgment of conviction for a violation of paragraph (c) of subsection 1 of NRS 484C.400 if a treatment provider fails to accept the offender for a program of treatment for an alcohol or other substance use disorder or if the offender fails to complete the program of treatment satisfactorily. Any sentence of imprisonment may be reduced by a time equal to that which the offender served before beginning treatment.
(4) If the offender completes the treatment satisfactorily, the court will enter a judgment of conviction for a violation of paragraph (b) of subsection 1 of NRS 484C.400.
(5) The provisions of NRS 483.460 requiring the revocation of the license, permit or privilege of the offender to drive do not apply.
5. The court shall administer the program of treatment pursuant to the procedures provided in NRS 176A.230 to 176A.245, inclusive, except that the court:
(a) Shall not defer the sentence or set aside the conviction upon the election of treatment, except as otherwise provided in this section; and
(b) May enter a judgment of conviction and proceed as provided in paragraph (c) of subsection 1 of NRS 484C.400 for a violation of a condition ordered by the court.
6. To participate in a program of treatment, the offender must:
(a) Serve not less than 6 months of residential confinement;
(b) Be placed under a system of active electronic monitoring, through the Division, that is capable of identifying the offender’s location and producing, upon request, reports or records of the offender’s presence near or within, or departure from, a specified geographic location and pay any costs associated with the offender’s participation under the system of active electronic monitoring;
(c) Install, at his or her own expense, an ignition interlock device for not less than 12 months;
(d) Not drive any vehicle unless it is equipped with an ignition interlock device;
(e) Agree to be subject to periodic testing for the use of alcohol or controlled substances while participating in a program of treatment; and
(f) Agree to any other conditions that the court deems necessary.
7. An offender may not apply to the court to undergo a program of treatment for an alcohol or other substance use disorder pursuant to this section if the offender has previously applied to receive treatment pursuant to this section or if the offender has previously been convicted of:
(a) A violation of NRS 484C.430;
(b) A violation of NRS 484C.130;
(c) 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;
(d) A violation of paragraph (c) of subsection 1 of NRS 484C.400;
(e) A violation of NRS 484C.410; or
(f) A violation of law of any other jurisdiction that prohibits the same or similar conduct as set forth in paragraph (a), (b), (c) or (d).
8. An offender placed under a system of active electronic monitoring pursuant to paragraph (b) of subsection 6 shall:
(a) Follow the instructions provided by the Division to maintain the electronic monitoring device in working order.
(b) Report any incidental damage or defacement of the electronic monitoring device to the Division within 2 hours after the occurrence of the damage or defacement.
(c) Abide by any other conditions set forth by the court or the Division with regard to the offender’s participation under the system of active electronic monitoring.
9. Except as otherwise provided in this subsection, a person who intentionally removes or disables or attempts to remove or disable an electronic monitoring device placed on an offender pursuant to this section is guilty of a gross misdemeanor. The provisions of this subsection do not prohibit a person authorized by the Division from performing maintenance or repairs to an electronic monitoring device.
10. As used is this section, "Division" means the Division of Parole and Probation of the Department of Public Safety.
(Added to NRS by 2007, 1058; A 2009, 422, 1891; 2015, 757; 2019, 505, 4482; 2021, 2461)—(Substituted in revision for NRS 484.37941)

Structure Nevada Revised Statutes

Nevada Revised Statutes

Chapter 484C - Driving Under the Influence of Alcohol or a Prohibited Substance

NRS 484C.010 - Definitions.

NRS 484C.020 - "Concentration of alcohol of 0.08 or more in his or her blood or breath" defined. [Effective until the date of the repeal of the federal law requiring each state to make it unlawful for a person to operate a motor vehicle with a blood...

NRS 484C.030 - "Concentration of alcohol of 0.18 or more in his or her blood or breath" defined.

NRS 484C.040 - "Concentration of alcohol of less than 0.18 in his or her blood or breath" defined.

NRS 484C.050 - "Evaluation center" defined.

NRS 484C.053 - "Ignition interlock device" defined.

NRS 484C.057 - "Ignition interlock privilege" defined.

NRS 484C.060 - "License to drive a motor vehicle" defined.

NRS 484C.070 - "Nonresident’s driving privilege" defined.

NRS 484C.080 - "Prohibited substance" defined.

NRS 484C.090 - "Revocation of driver’s license" defined.

NRS 484C.100 - "Treatment provider" defined.

NRS 484C.105 - "Under the influence" defined.

NRS 484C.109 - Person deemed not to be in actual physical control of vehicle in certain circumstances.

NRS 484C.110 - Unlawful acts relating to operation of vehicle; affirmative defense; additional penalty for violation committed in work zone or pedestrian safety zone. [Effective until the date of the repeal of the federal law requiring each state to...

NRS 484C.120 - Unlawful acts relating to operation of commercial motor vehicle; affirmative defense; additional penalty for violation of out-of-service declaration or violation committed in work zone or pedestrian safety zone. [Effective until the da...

NRS 484C.130 - Vehicular homicide; affirmative defense. [Effective until the date of the repeal of the federal law requiring each state to make it unlawful for a person to operate a motor vehicle with a blood alcohol concentration of 0.08 percent or...

NRS 484C.150 - Implied consent to preliminary test of person’s breath; effect of failure to submit to test; prohibited use of test results in criminal action.

NRS 484C.160 - Implied consent to evidentiary test; exemption from blood test; choice of test; when blood test may be requested; when other tests may be used; reasonable force authorized to obtain test in certain circumstances; notification of parent...

NRS 484C.170 - Analysis of blood of deceased victim of crash involving motor vehicle to determine presence and concentration of alcohol.

NRS 484C.180 - Arrested person to be given opportunity to choose qualified person to administer test; substitution of test prohibited.

NRS 484C.190 - Presumption that solution or gas used to calibrate or verify calibration of device for testing breath is properly prepared.

NRS 484C.200 - Requirements for evidentiary test of breath to determine concentration of alcohol in breath; refusal or failure to submit to test.

NRS 484C.210 - Revocation of license, permit or privilege to drive when person fails to submit to evidentiary test or when test shows concentration of alcohol of 0.08 or more in blood or breath or detectable amount of controlled or prohibited substan...

NRS 484C.220 - Seizure of license or permit; order of revocation; administrative and judicial review; temporary license; sufficiency of notice. [Effective until the date of the repeal of the federal law requiring each state to make it unlawful for a...

NRS 484C.230 - Hearing by Department; additional temporary license; judicial review; cancellation of temporary license. [Effective until the date of the repeal of the federal law requiring each state to make it unlawful for a person to operate a moto...

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

NRS 484C.250 - Admissibility of results of blood test in hearing or criminal action; immunity from liability for person administering blood test in certain circumstances.

NRS 484C.300 - Evaluation of certain offenders before sentencing; persons qualified to conduct evaluation; results of evaluation to be forwarded to Director of Department of Corrections or court with jurisdiction over offender.

NRS 484C.310 - Standards for approval of evaluation center.

NRS 484C.320 - Application by first-time offender to undergo program of treatment; hearing under certain circumstances; sentencing of offender and conditional suspension of sentence; administration of program; notice to Department.

NRS 484C.330 - Application by second-time offender to undergo program of treatment; hearing under certain circumstances; sentencing of offender and conditional suspension of sentence; administration of program; notice to Department.

NRS 484C.340 - Application by third-time offender to undergo program of treatment; hearing under certain circumstances; sentencing of offender and conditional suspension of proceedings; administration of program; requirements to participate in progra...

NRS 484C.350 - Required evaluation of first-time offender with a concentration of alcohol of 0.18 or more in his or her blood or breath, second-time offenders and offenders convicted of possessing 1 ounce or less of marijuana; required evaluation of...

NRS 484C.360 - Placement of offender under clinical supervision of treatment provider; monthly progress reports; payment of charges for treatment; liability of provider limited.

NRS 484C.365 - Placement of offender under clinical supervision of treatment provider in another jurisdiction authorized.

NRS 484C.370 - Evaluation or treatment by private company authorized.

NRS 484C.372 - Short title.

NRS 484C.373 - Legislative declarations.

NRS 484C.374 - Definitions.

NRS 484C.376 - "Core components" defined.

NRS 484C.378 - "Designated law enforcement agency" defined.

NRS 484C.380 - "Immediate sanction" defined.

NRS 484C.383 - "Political subdivision" defined.

NRS 484C.385 - "Program" defined.

NRS 484C.386 - "Program participant" defined.

NRS 484C.388 - "Testing" defined.

NRS 484C.390 - "Timely sanction" defined.

NRS 484C.392 - Sobriety and drug monitoring program: Establishment; political subdivision may participate; requirements.

NRS 484C.393 - Sobriety and drug monitoring program: Department of Public Safety may assist political subdivision; political subdivision to designate law enforcement agency to enforce program; powers and duties of law enforcement agency.

NRS 484C.394 - Court may assign offender to program; duties and powers of court; notices required to offender and Department of Motor Vehicles; eligibility for restricted driver’s license; regulations.

NRS 484C.395 - Requirements for offender in program.

NRS 484C.396 - Guidelines to be adopted by political subdivision participating in program; requirements; establishment of fees.

NRS 484C.397 - Designated law enforcement agency to collect fees; disposition of fees.

NRS 484C.400 - Penalties for first, second and third offenses; segregation of offender; intermittent confinement; consecutive sentences; aggravating factor.

NRS 484C.410 - Penalties when offender previously convicted of certain felonious conduct or homicide; segregation of offender; intermittent confinement; consecutive sentences; aggravating factor.

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

NRS 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. [Effective until...

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

NRS 484C.450 - "Device" defined.

NRS 484C.454 - Ignition Interlock Program: Establishment; rules and regulations; contracts for services; creation of Account for the Ignition Interlock Program; use of money in Account; administration of Account; fees.

NRS 484C.460 - When court is required to order installation of ignition interlock device; exceptions; installation and inspection; tolling of period for which ignition interlock device required.

NRS 484C.470 - Extension of order to install ignition interlock device; penalties for tampering with or driving without ignition interlock device; probation and suspension of sentence prohibited; plea bargaining restricted. [Effective through Decembe...

NRS 484C.475 - Penalty for person providing sample of breath for ignition interlock device of another person.

NRS 484C.480 - Regulations.

NRS 484C.500 - Civil penalty; cancellation of reinstated license upon conviction for violation of NRS 484C.110 or 484C.120; notice.

NRS 484C.510 - Fee for chemical analysis.

NRS 484C.520 - Mandatory suspension of registration of each motor vehicle registered to person convicted of second or subsequent violation or convicted of vehicular homicide; duration of suspension; court to forward copy of order to Department; conte...

NRS 484C.530 - Offender to attend meeting of panel of victims and provide proof of attendance to court.

NRS 484C.600 - Creation; appointment and qualifications of members; meetings; quorum; appeal from decision of Committee.

NRS 484C.610 - Certification of breath-testing devices; creation and maintenance of list of such devices; presumption of accuracy and reliability of device; other evidence of concentration of alcohol in breath not precluded.

NRS 484C.620 - Adoption of regulations to prescribe standards and procedures to calibrate breath-testing devices; issuance of certificates by Director of Department of Public Safety.

NRS 484C.630 - Adoption of regulations for certification of persons to operate device to test concentration in breath; judicial notice; presumption of proper operation; evidence of test performed by others not precluded.

NRS 484C.640 - Adoption of regulations for calibration of devices to test blood or urine and certification of persons who calibrate or operate devices or who examine operators; adoption of regulations concerning operation of devices to test blood or...