NRS
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.394 or 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 3 of NRS 484C.420, order the person to pay
tuition for an educational course on alcohol or other substance use disorders
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:
(I) Sentence the person to
imprisonment for not less than 2 days nor more than 6 months in jail or
residential confinement for not less than 2 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; or
(II) Order the person to perform not
less than 48 hours, but not more than 96 hours, of community service;
(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 0.16 or more in his or her blood or breath, order
the person to attend a program of treatment for an alcohol or other substance
use disorder 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
20 days nor more than 6 months in jail; or
(II) Residential confinement for not
less than 20 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; and
(3) Order the person to attend a program
of treatment for an alcohol or other substance use disorder pursuant to the
provisions of NRS 484C.360.
Ê 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 the court:
(1) Shall:
(I) Sentence the person to
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
(II) Fine the person not less than
$2,000 nor more than $5,000; and
(2) May order the person to attend a
program of treatment for an alcohol or other substance use disorder pursuant to
the provisions of NRS 484C.360 if the
results of an evaluation conducted pursuant to NRS 484C.300 indicate that the person has
an alcohol or other substance use disorder and that the person can be treated
successfully for his or her condition.
Ê 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:
(a) When evidenced by a conviction;
(b) If the person is undergoing a program of
treatment for an alcohol or other substance use disorder pursuant to NRS 484C.320, 484C.330 or 484C.340 as a result of the offense; or
(c) If the offense is conditionally dismissed or
the judgment of conviction is set aside pursuant to NRS 176A.240, 176A.260 or 176A.290 or dismissed in connection with
successful completion of a diversionary program or specialty court program,
Ê 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, placed under the
supervision of a treatment provider, 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).
(Added to NRS by 1983,
1070; A 1985,
1946; 1987,
907, 1136;
1989,
195, 2046;
1991,
218, 836;
1993,
2262, 2892;
1995,
1298, 2471;
1997,
38, 642,
1746;
1999,
52, 2138,
3110,
3416,
3438;
2001,
220, 223,
1884,
2392;
2001
Special Session, 147; 2003,
277, 446,
1490;
2005,
139, 607,
2039;
2005,
22nd Special Session, 102; 2007,
1060, 1450,
2795;
2009,
1867; 2015,
759; 2017,
3028; 2019,
2752; 2021,
2468; 2023,
699; 2025,
3283)—(Substituted in revision for part of NRS 484.3792)
Notes of Decisions
Cited in
25
cases (
4 in the last 5 years), 2011–2023 · leading case:
Aguilar-raygoza v. State, 255 P.3d 262 (Nev. 2011).
Aguilar-raygoza v. State, 255 P.3d 262 (Nev. 2011).
· cites it 10× “If a defendant completes the treatment satisfactorily, the district court will enter a judgment of conviction for a second-offense DUI, a misdemeanor, under NRS 484C.400. NRS 484C.340(4)(b)(3); NRS 484C.”
State v. Second Jud. Dist. Court of Nev., 421 P.3d 803 (Nev. 2018).
· cites it 2× “The statute further provides: "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…”
Doolin v. Dep't of Corr., 440 P.3d 53 (Nev. 2018).
“For each of those crimes, an offender's sentence and category of conviction may be enhanced following submission of evidence of the offender's prior criminal convictions.”
Martin v. Lawson, No. 2:22-cv-00850 (D. Nev. May 4, 2023).
· cites it 14× “BACKGROUND 24 In 2012, Martin pleaded nolo contendere and was convicted of his first DUI, a 25 misdemeanor under Nev. Rev. Stat. § 484C.400(1)(a). See ECF No.”
State Vs. Dist. Ct. (kephart (john)), 2018 NV 50 (Nev. 2018).
· cites it 4× “485 on Nevada's DUI enhancement statutes, now principally codified at NRS 484C.400 (2017). See English, 116 Nev.”
Sindelar (stella) Vs. State, 2016 NV 68 (Nev. 2016).
· cites it 4× “Additionally, both states classify a third offense within a statutorily prescribed recidivism window as a felony, the only difference being that Nevada's recidivism window is seven years, NRS 484C.400(1)(c), while Utah's recidivism window is ten years, Utah Code Ann.”
State Vs. Dist. Ct. Schneider (jennifer), 2016 NV 59 (Nev. 2016).
· cites it 4× “The policy, she alleged, was to punish only those defendants who went to trial for driving under the influence by ordering an automatic and immediate remand to complete a minimum of two days in custody, despite the sentencing discretion outlined in NRS 484C.400(1)(a)(2), which…”
State Vs. Dist. Ct. (kephart (john)), 2018 NV 50 (Nev. 2018).
· cites it 4× “485 on Nevada's DUI enhancement statutes, now principally codified at NRS 484C.400 (2017). See English, 116 Nev.”
State v. Rutherford, 260 P.3d 542 (Or. Ct. App. 2011).
· cites it 4× “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…”
Quisano v. State, 2016 NV 9 (Nev. 2016).
· cites it 2× “See NRS 484C.400(2); NRS 200.485(4); NRS 207.”
Sindelar (stella) Vs. State, 2016 NV 68 (Nev. 2016).
· cites it 2× “Additionally, both states classify a third offense within a statutorily prescribed recidivism window as a felony, the only difference being that Nevada's recidivism window is seven years, NRS 484C.400(1)(c), while Utah's recidivism window is ten years, Utah Code Ann.”
Nev. Rev. Stat. § 484C.400(1): 3 cases
State v. Second Jud. Dist. Court of Nev., 421 P.3d 803 (Nev. 2018).
“The statute further provides: "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…”
Nev. Rev. Stat. § 484C.400(1)(a): 2 cases
Doolin v. Dep't of Corr., 440 P.3d 53 (Nev. 2018).
“For each of those crimes, an offender's sentence and category of conviction may be enhanced following submission of evidence of the offender's prior criminal convictions.”
Martin v. Lawson, No. 2:22-cv-00850 (D. Nev. May 4, 2023).
“BACKGROUND 24 In 2012, Martin pleaded nolo contendere and was convicted of his first DUI, a 25 misdemeanor under Nev. Rev. Stat. § 484C.400(1)(a). See ECF No.”
Nev. Rev. Stat. § 484C.400(1)(a)(2): 2 cases
State Vs. Dist. Ct. Schneider (jennifer), 2016 NV 59 (Nev. 2016).
“The policy, she alleged, was to punish only those defendants who went to trial for driving under the influence by ordering an automatic and immediate remand to complete a minimum of two days in custody, despite the sentencing discretion outlined in NRS 484C.400(1)(a)(2), which…”
Nev. Rev. Stat. § 484C.400(1)(b): 1 case
Martin v. Lawson, No. 2:22-cv-00850 (D. Nev. May 4, 2023).
“BACKGROUND 24 In 2012, Martin pleaded nolo contendere and was convicted of his first DUI, a 25 misdemeanor under Nev. Rev. Stat. § 484C.400(1)(a). See ECF No.”
Nev. Rev. Stat. § 484C.400(1)(c): 10 cases
Martin v. Lawson, No. 2:22-cv-00850 (D. Nev. May 4, 2023).
“BACKGROUND 24 In 2012, Martin pleaded nolo contendere and was convicted of his first DUI, a 25 misdemeanor under Nev. Rev. Stat. § 484C.400(1)(a). See ECF No.”
Sindelar (stella) Vs. State, 2016 NV 68 (Nev. 2016).
“Additionally, both states classify a third offense within a statutorily prescribed recidivism window as a felony, the only difference being that Nevada's recidivism window is seven years, NRS 484C.400(1)(c), while Utah's recidivism window is ten years, Utah Code Ann.”
Sindelar (stella) Vs. State, 2016 NV 68 (Nev. 2016).
“Additionally, both states classify a third offense within a statutorily prescribed recidivism window as a felony, the only difference being that Nevada's recidivism window is seven years, NRS 484C.400(1)(c), while Utah's recidivism window is ten years, Utah Code Ann.”
Nev. Rev. Stat. § 484C.400(2): 5 cases
Quisano v. State, 2016 NV 9 (Nev. 2016).
“See NRS 484C.400(2); NRS 200.485(4); NRS 207.”
Nev. Rev. Stat. § 484C.400(3): 2 cases
State Vs. Dist. Ct. Schneider (jennifer), 2016 NV 59 (Nev. 2016).
“The policy, she alleged, was to punish only those defendants who went to trial for driving under the influence by ordering an automatic and immediate remand to complete a minimum of two days in custody, despite the sentencing discretion outlined in NRS 484C.400(1)(a)(2), which…”
Nev. Rev. Stat. § 484C.400(l)(a): 1 case
State v. Rutherford, 260 P.3d 542 (Or. Ct. App. 2011).
“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…”
Nev. Rev. Stat. § 484C.400(l)(b): 1 case
Aguilar-raygoza v. State, 255 P.3d 262 (Nev. 2011).
“If a defendant completes the treatment satisfactorily, the district court will enter a judgment of conviction for a second-offense DUI, a misdemeanor, under NRS 484C.400. NRS 484C.340(4)(b)(3); NRS 484C.”
Nev. Rev. Stat. § 484C.400(l)(c): 1 case
Aguilar-raygoza v. State, 255 P.3d 262 (Nev. 2011).
“If a defendant completes the treatment satisfactorily, the district court will enter a judgment of conviction for a second-offense DUI, a misdemeanor, under NRS 484C.400. NRS 484C.340(4)(b)(3); NRS 484C.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.