Nevada Revised Statutes

Nev. Rev. Stat. § 484C.130 (2026)

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 greater as a condition to receiving federal funding for the construction of highways in this State.]

✓ current as of July 2026

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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 greater as a condition to receiving federal funding for the construction of highways in this State.]

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, as applicable, in an amount that is equal to or greater than the amount set forth in subsection 3 or 4 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

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).

(Added to NRS by 2005, 138; A 2007, 1454; 2009, 1873; 2017, 306)—(Substituted in revision for part of NRS 484.37955)

NRS 484C.130 Vehicular homicide; affirmative defense. [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.]

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 0.10 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 0.10 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;

(6) 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 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

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 0.10 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.

3. As used in this section, “offense” means:

(a) A violation of NRS 484C.110, 484C.120 or 484C.430;

(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).

(Added to NRS by 2005, 138, 173; A 2007, 1454, 1455; 2009, 1873, 1874; 2017, 306, 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 part of NRS 484.37955)

PRELIMINARY AND EVIDENTIARY TESTING OF DRIVERS AND OTHERS

Notes of Decisions

Cited in 5 cases (3 in the last 5 years), 2015–2025 · leading case: Murray v. Williams (D. Nev. 2020).

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Murray v. Williams (D. Nev. 2020). · cites it 3× “130 (vehicular homicide) (NRS 484C.130 subsequently replaced 484.37955 in 22 2009, but, again, without any change bearing on the issues considered here).”

Duran v. Nevada Divison of Parole & Prob. (D. Nev. 2021). · cites it 2× “20 21 22 28 Nev. Rev. Stat. § 484C.130(1). 29 Nev. Rev.”

Owens v. Bean (D. Nev. 2025). · cites it 2× “See NRS §§ 484C.130 enacted legislation substituted in 2009 revision for part of NRS § 484.”

Cloutier (Jason) v. State (Nev. 2015). · cites it 2× “The sentence imposed is within the parameters provided by the relevant statutes, see NRS 484C.130; NRS 484C.440(1), and, as we concluded above, NRS 484C.”

State Vs. Dist. Ct. (Obermeyer (Mark)) (Nev. 2021). “Instead, the district court should have weighed the probative value of these BAC results—whether or not the State presented them with 2The district court purported to base its decision on NRS 484C.130, which denominates as "vehicular homicide a fourth DUI offense, where the…”

— Nev. Rev. Stat. § 484C.130(1) — 1 case

Duran v. Nevada Divison of Parole & Prob. (D. Nev. 2021). “20 21 22 28 Nev. Rev. Stat. § 484C.130(1). 29 Nev. Rev.”

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