Nev. Rev. Stat. » NRS: CHAPTER 484C - DRIVING UNDER THE INFLUENCE OF ALCOHOL OR A PROHIBITED SUBSTANCE

Nev. Rev. Stat. § 484C.410

Penalties when offender previously convicted of certain felonious conduct or homicide or is undergoing program of treatment; segregation of offender; intermittent confinement; consecutive sentences; aggravating factor

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

      1.  Unless a greater penalty is provided in NRS 484C.440, a person who:

      (a) Has previously been convicted of:

             (1) A violation of NRS 484C.110 or 484C.120 that is punishable as a felony pursuant to paragraph (c) of subsection 1 of NRS 484C.400;

             (2) A violation of NRS 484C.430;

             (3) 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;

             (4) A violation of a law of any other jurisdiction that prohibits the same or similar conduct as set forth in subparagraph (1), (2) or (3); or

             (5) A violation of NRS 484C.110 or 484C.120 that is punishable pursuant to paragraph (c) of subsection 1 of NRS 484C.400 that was reduced from a felony pursuant to NRS 484C.340; or

      (b) Is undergoing a program of treatment for an alcohol or other substance use disorder pursuant to NRS 484C.340,

Ê and who violates the provisions of NRS 484C.110 or 484C.120 is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years, and shall be further punished by a fine of not less than $2,000 nor more than $5,000. An offender so imprisoned 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 which is listed in subparagraphs (1) to (5), inclusive, of paragraph (a) of subsection 1 that occurred on any date 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 for 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 offender’s 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.400 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, 761; 2025, 3285)—(Substituted in revision for part of NRS 484.3792)

     

Notes of Decisions
Cited in 17 cases (1 in the last 5 years), 2013–2022 · leading case: State v. Sample
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State v. Sample (2018) nev “110, which is punishable as a felony under NRS 484C.410 due to Sample's previous felony DUI conviction in 2009.”
Chrisman v. Howell (2022) nvd · cites it 15× “) Specifically, Chrisman argues Nev. Rev. Stat. §484C.410 unconstitutionally 16 eliminated the seven-year enhancement limitations defense for a subsequent prosecution, altered 17 the legal consequences attached to his 1999 conviction, and unconstitutionally resurrected the 18…”
SINDELAR (STELLA) VS. STATE (2016) nev · cites it 12× “The issue presented in this appeal is whether a felony DUI under Utah's statute that makes a third DUI conviction within ten years a felony can be used to make a subsequent DUI offense in Nevada a category B felony under NRS 484C.410. We hold that although the recidivism window…”
Chrisman (Michael) v. State (2019) nev · cites it 10× “Chrisman was charged under NRS 484C.410 because he had a prior felony DUI conviction from 1999, specifically, DUI resulting in death.”
Chrisman (Michael) v. State (2019) nev · cites it 10× “Chrisman was charged under NRS 484C.410 because he had a prior felony DUI conviction from 1999, specifically, DUI resulting in death.”
SINDELAR (STELLA) VS. STATE (2016) nev · cites it 6× “The issue presented in this appeal is whether a felony DUI under Utah's statute that makes a third DUI conviction within ten years a felony can be used to make a subsequent DUI offense in Nevada a category B felony under NRS 484C.410. We hold that although the recidivism window…”
STATE VS. SAMPLE (GREGORY) (2018) nev · cites it 2× “110, which is punishable as a felony under NRS 484C.410 due to Sample's previous felony DUI conviction in 2009.”
Cole (Jay) v. State (2013) nev · cites it 2× “486, § 25, at 2796 (re-codified in NRS 484C.410(1)). A person previously convicted of a violation of a law of any other jurisdiction that prohibits the same or similar conduct as set out in former NRS 484.”
Cluff (Tammy) v. State (2017) nev “110; NRS 484C.410. Cluff moved to suppress the breath test SUPREME COURT OF NEVADA 101 1947A 0 tri-0(053( results, arguing (1) Officer Thomas did not have reasonable suspicion to stop her; and (2) Officer Thomas erroneously allowed her to remove, rinse, and reinsert her dental…”
Fruth (Stephen) v. Warden (2017) nev “4465(8) specifically excludes offenders convicted of category B felonies from deducting statutory credits from their minimum sentences.”
Henderson (Gerald) v. State (2018) nev “110 and NRS 484C.410, a category B felony. On appeal, Henderson argues that the district court improperly denied his motion to suppress evidence of his blood draw.”
Triana (Eddy) v. State (2019) nev “See NRS 484C.410(1)(e). There is no time limit within which the prior offense must have occurred; therefore, appellant's argument regarding the amount of time between his previous conviction and the instant offense does not warrant relief.”
Show all 17 citing cases →
— Nev. Rev. Stat. § 484C.410(1) — 7 cases
SINDELAR (STELLA) VS. STATE (2016) nev “The issue presented in this appeal is whether a felony DUI under Utah's statute that makes a third DUI conviction within ten years a felony can be used to make a subsequent DUI offense in Nevada a category B felony under NRS 484C.410. We hold that although the recidivism window…”
Fruth (Stephen) v. Warden (2017) nev “4465(8) specifically excludes offenders convicted of category B felonies from deducting statutory credits from their minimum sentences.”
Chrisman (Michael) v. State (2019) nev “Chrisman was charged under NRS 484C.410 because he had a prior felony DUI conviction from 1999, specifically, DUI resulting in death.”
Chrisman (Michael) v. State (2019) nev “Chrisman was charged under NRS 484C.410 because he had a prior felony DUI conviction from 1999, specifically, DUI resulting in death.”
SINDELAR (STELLA) VS. STATE (2016) nev “The issue presented in this appeal is whether a felony DUI under Utah's statute that makes a third DUI conviction within ten years a felony can be used to make a subsequent DUI offense in Nevada a category B felony under NRS 484C.410. We hold that although the recidivism window…”
— Nev. Rev. Stat. § 484C.410(1)(a) — 4 cases
SINDELAR (STELLA) VS. STATE (2016) nev “The issue presented in this appeal is whether a felony DUI under Utah's statute that makes a third DUI conviction within ten years a felony can be used to make a subsequent DUI offense in Nevada a category B felony under NRS 484C.410. We hold that although the recidivism window…”
Chrisman (Michael) v. State (2019) nev “Chrisman was charged under NRS 484C.410 because he had a prior felony DUI conviction from 1999, specifically, DUI resulting in death.”
Chrisman (Michael) v. State (2019) nev “Chrisman was charged under NRS 484C.410 because he had a prior felony DUI conviction from 1999, specifically, DUI resulting in death.”
SINDELAR (STELLA) VS. STATE (2016) nev “The issue presented in this appeal is whether a felony DUI under Utah's statute that makes a third DUI conviction within ten years a felony can be used to make a subsequent DUI offense in Nevada a category B felony under NRS 484C.410. We hold that although the recidivism window…”
— Nev. Rev. Stat. § 484C.410(1)(d) — 3 cases
SINDELAR (STELLA) VS. STATE (2016) nev “The issue presented in this appeal is whether a felony DUI under Utah's statute that makes a third DUI conviction within ten years a felony can be used to make a subsequent DUI offense in Nevada a category B felony under NRS 484C.410. We hold that although the recidivism window…”
SINDELAR (STELLA) VS. STATE (2016) nev “The issue presented in this appeal is whether a felony DUI under Utah's statute that makes a third DUI conviction within ten years a felony can be used to make a subsequent DUI offense in Nevada a category B felony under NRS 484C.410. We hold that although the recidivism window…”
Cole (Jay) v. State (2013) nev “486, § 25, at 2796 (re-codified in NRS 484C.410(1)). A person previously convicted of a violation of a law of any other jurisdiction that prohibits the same or similar conduct as set out in former NRS 484.”
— Nev. Rev. Stat. § 484C.410(1)(e) — 2 cases
Triana (Eddy) v. State (2019) nev “See NRS 484C.410(1)(e). There is no time limit within which the prior offense must have occurred; therefore, appellant's argument regarding the amount of time between his previous conviction and the instant offense does not warrant relief.”
Triana (Eddy) v. State (2019) nev
— Nev. Rev. Stat. § 484C.410(d) — 2 cases
SINDELAR (STELLA) VS. STATE (2016) nev “The issue presented in this appeal is whether a felony DUI under Utah's statute that makes a third DUI conviction within ten years a felony can be used to make a subsequent DUI offense in Nevada a category B felony under NRS 484C.410. We hold that although the recidivism window…”
SINDELAR (STELLA) VS. STATE (2016) nev “The issue presented in this appeal is whether a felony DUI under Utah's statute that makes a third DUI conviction within ten years a felony can be used to make a subsequent DUI offense in Nevada a category B felony under NRS 484C.410. We hold that although the recidivism window…”
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