Nev. Rev. Stat. § 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 earlier of June 30, 2026, or 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 greater as a condition to receiving federal funding for the construction of highways in this State.]

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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 earlier of June 30, 2026, or 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 greater as a condition to receiving federal funding for the construction of highways in this State.]

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 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,

Ê to drive or be in actual physical control of a vehicle on a highway or on premises to which the public has access.

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,

Ê 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 any of the following prohibited substances 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

(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 paragraph (c) of subsection 1 of NRS 484C.400 or NRS 484C.410, 484C.430 or 484C.440, 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 any of the following prohibited substances in his or her blood that is equal to or greater than:

Blood

Nanograms

Prohibited substance per 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 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.

6. A person who violates any provision of this section may be subject to any additional penalty set forth in NRS 484B.130 or 484B.135.

NRS 484C.110 Unlawful acts relating to operation of vehicle; affirmative defense; additional penalty for violation committed in certain zones. [Effective July 1, 2026, and 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 greater as a condition to receiving federal funding for the construction of highways in this State.]

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 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,

Ê to drive or be in actual physical control of a vehicle on a highway or on premises to which the public has access.

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

Urine Blood

Nanograms Nanograms

Prohibited substance per milliliter per milliliter

(a) Amphetamine 500 100

(b) Cocaine 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

Blood

Nanograms

Prohibited substance per milliliter

(a) Marijuana (delta-9-tetrahydrocannabinol) 2

(b) Marijuana metabolite (11-OH-tetrahydrocannabinol) 5

6. A person who violates any provision of this section may be subject to any additional penalty set forth in NRS 484B.130, 484B.135 or 484B.370.

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 on 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 greater as a condition to receiving federal funding for the construction of highways in this State and until July 1, 2026.]

1. It is unlawful for any person who:

(a) Is under the influence of intoxicating liquor;

(b) Has a concentration of alcohol of 0.10 or more in his or her blood or breath; or

(c) 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 0.10 or more in his or her blood or breath,

Ê to drive or be in actual physical control of a vehicle on a highway or on premises to which the public has access.

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

Urine Blood

Nanograms Nanograms

Prohibited substance per milliliter per milliliter

(a) Amphetamine 500 100

(b) Cocaine 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

Blood

Nanograms

Prohibited substance per 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 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 0.10 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.

6. A person who violates any provision of this section may be subject to any additional penalty set forth in NRS 484B.130 or 484B.135.

(Added to NRS by 1969, 1485; A 1971, 2030; 1973, 587, 1277, 1501; 1975, 788; 1981, 1924; 1983, 1068; 1993, 539; 1999, 2451, 3415; 2001, 172; 2003, 2559, 3245; 2015, 1580; 2017, 303; 2021, 1460; 2025, 36th Special Session, 108, effective on 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 greater as a condition to receiving federal funding for the construction of highways in this State)—(Substituted in revision for NRS 484.379)

NRS 484C.110 Unlawful acts relating to operation of vehicle; affirmative defense; additional penalty for violation committed in certain zones. [Effective on the later of July 1, 2026, or 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 greater as a condition to receiving federal funding for the construction of highways in this State.]

1. It is unlawful for any person who:

(a) Is under the influence of intoxicating liquor;

(b) Has a concentration of alcohol of 0.10 or more in his or her blood or breath; or

(c) 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 0.10 or more in his or her blood or breath,

Ê to drive or be in actual physical control of a vehicle on a highway or on premises to which the public has access.

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

Urine Blood

Nanograms Nanograms

Prohibited substance per milliliter per milliliter

(a) Amphetamine 500 100

(b) Cocaine 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

Blood

Nanograms

Prohibited substance per 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 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 0.10 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.

6. A person who violates any provision of this section may be subject to any additional penalty set forth in NRS 484B.130, 484B.135 or 484B.370.

(Added to NRS by 1969, 1485; A 1971, 2030; 1973, 587, 1277, 1501; 1975, 788; 1981, 1924; 1983, 1068; 1993, 539; 1999, 2451, 3415; 2001, 172; 2003, 2559, 3245; 2015, 1580; 2017, 303; 2021, 1460; 2025, 36th Special Session, 108, 150, effective on the later of July 1, 2026, or 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 greater as a condition to receiving federal funding for the construction of highways in this State)—(Substituted in revision for NRS 484.379)

Notes of Decisions

Cited in 51 cases (17 in the last 5 years), 2011–2025 · leading case: State v. EUMANA-MORANCHEL

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State v. EUMANA-MORANCHEL (2012) or · cites it 2× “08 percent BAC at time of test); Nevada: Nev. Rev. Stat. § 484C.110(1)(c) (offense committed if driver has .”

Newton v. Parker Drilling Management Services, Ltd. (2018) ca9 “Nev. Rev. Stat. § 484C.110(3)(g). Above that limit, a violation of the statute was established per se, i.”

Koiro v. Las Vegas Metropolitan Police Department (2014) nvd · cites it 3× “In Rogers , the Supreme Court of Nevada stated: “For example, if, after leaving a bar, a person under the influence flopped into the back seat of his vehicle, while the vehicle was yet in the bar’s parking lot, and fell asleep without starting or driving the vehicle, the person…”

United States v. Reed (2012) nvd · cites it 11× “See Nev. Rev. Stat. § 484C.110(3). Section 484C.”

State v. Sample (2018) nev “Sample waived a preliminary hearing and the State filed an information charging him with driving under the influence pursuant to NRS 484C.110, which is punishable as a felony under NRS 484C.”

AGUILAR-RAYGOZA v. State (2011) nev “See NRS 484C.110; NRS 484C.400(l)(c). Aguilar-Raygoza pleaded not guilty and went to trial, where a jury convicted him.”

Ishak v. McClennen Ex Rel. County of Maricopa (2016) arizctapp · cites it 2× “Code Ann § 61–8–411(1)(a) (5 ng/ml of THC per se limit); Nev. Rev. Stat. Ann. § 484C.110(3)(g)–(h) (2 ng/ml limit for marijuana and 5 ng/ml for its metabolite); Ohio Rev.”

URIAS (BRANDON) v. DIST. CT. (STATE) (CRIMINAL) (2025) nev “657(1) (same); NRS 484C.110 (same); NRS 484C.120(1)-(3) (same); NRS 484C.”

Hay v. Kruger (2024) nvd · cites it 12× “The Douglas County District Attorney’s Office 7 subsequently charged Hay with DUI in violation of NRS § 484C.110(1) and Douglas County Code 8 §10.”

State v. Rutherford (2011) orctapp · cites it 18× “In support of its request, the state presented evidence that defendant had two prior convictions for DUII in violation of a Nevada statute, NRS 484C.110, 2 one in 2003 and another in 2004.”

Neagle v. Johnson (2022) nvd · cites it 10× “Neagle’s Petition 4 Neagle contends in ground 1 that the amended information charged him with a 5 Driving Under the Influence (DUI) offense of the district attorney’s own making by 6 commingling statutory “elements” from two separate crimes, NRS 484C.110 7 (misdemeanor) and NRS…”

SINDELAR (STELLA) VS. STATE (2016) nev · cites it 8× “410(d) for the purposes of adjudicating any subsequent violation of NRS 484C.110 or 484C.120 as a felony. Because this and appellant Stella Sindelar's other claims lack merit, we affirm the judgment of conviction.”

Show all 51 citing cases →

— Nev. Rev. Stat. § 484C.110(1) — 12 cases

Hay v. Kruger (2024) nvd “The Douglas County District Attorney’s Office 7 subsequently charged Hay with DUI in violation of NRS § 484C.110(1) and Douglas County Code 8 §10.”

SINDELAR (STELLA) VS. STATE (2016) nev “410(d) for the purposes of adjudicating any subsequent violation of NRS 484C.110 or 484C.120 as a felony. Because this and appellant Stella Sindelar's other claims lack merit, we affirm the judgment of conviction.”

Chrisman v. Howell (2022) nvd

Neagle v. Johnson (2022) nvd “Neagle’s Petition 4 Neagle contends in ground 1 that the amended information charged him with a 5 Driving Under the Influence (DUI) offense of the district attorney’s own making by 6 commingling statutory “elements” from two separate crimes, NRS 484C.110 7 (misdemeanor) and NRS…”

SINDELAR (STELLA) VS. STATE (2016) nev

— Nev. Rev. Stat. § 484C.110(1)(a) — 2 cases

State Vs. Mckern (Cassady) (2020) nev

City of Las Vegas v. Dist. Ct. Crowder (Ryan) (2015) nev

— Nev. Rev. Stat. § 484C.110(1)(c) — 8 cases

State v. EUMANA-MORANCHEL (2012) or “08 percent BAC at time of test); Nevada: Nev. Rev. Stat. § 484C.110(1)(c) (offense committed if driver has .”

Koiro v. Las Vegas Metropolitan Police Department (2014) nvd “In Rogers , the Supreme Court of Nevada stated: “For example, if, after leaving a bar, a person under the influence flopped into the back seat of his vehicle, while the vehicle was yet in the bar’s parking lot, and fell asleep without starting or driving the vehicle, the person…”

Chrisman (Michael) v. State (2019) nev

Raspperry (Kevin) v. State (2022) nev

— Nev. Rev. Stat. § 484C.110(2) — 2 cases

Byars v. State (2014) nev

Cole (Jay) v. State (2013) nev

— Nev. Rev. Stat. § 484C.110(3) — 2 cases

United States v. Reed (2012) nvd “See Nev. Rev. Stat. § 484C.110(3). Section 484C.”

Byars v. State (2014) nev

— Nev. Rev. Stat. § 484C.110(3)(g) — 4 cases

Newton v. Parker Drilling Management Services, Ltd. (2018) ca9 “Nev. Rev. Stat. § 484C.110(3)(g). Above that limit, a violation of the statute was established per se, i.”

United States v. Reed (2012) nvd “See Nev. Rev. Stat. § 484C.110(3). Section 484C.”

Ishak v. McClennen Ex Rel. County of Maricopa (2016) arizctapp “Code Ann § 61–8–411(1)(a) (5 ng/ml of THC per se limit); Nev. Rev. Stat. Ann. § 484C.110(3)(g)–(h) (2 ng/ml limit for marijuana and 5 ng/ml for its metabolite); Ohio Rev.”

Byars v. State (2014) nev

— Nev. Rev. Stat. § 484C.110(3)(h) — 1 case

United States v. Reed (2012) nvd “See Nev. Rev. Stat. § 484C.110(3). Section 484C.”

— Nev. Rev. Stat. § 484C.110(l)(c) — 1 case

State v. EUMANA-MORANCHEL (2012) or “08 percent BAC at time of test); Nevada: Nev. Rev. Stat. § 484C.110(1)(c) (offense committed if driver has .”

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