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

Nev. Rev. Stat. § 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 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.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 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 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;

      (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;

      (d) Is under the influence of a controlled substance or is under the combined influence of intoxicating liquor and a controlled substance;

      (e) 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

      (f) 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,

Ê and does any act or neglects any duty imposed by law while driving or in actual physical control of any vehicle on or off the highways of this State, if the act or neglect of duty proximately causes the death of, or substantial bodily harm to, another person, shall be punished as provided in subsection 2.

      2.  Unless a greater penalty is provided pursuant to NRS 484C.440, a person who violates any provision of subsection 1 is guilty of:

      (a) If the violation proximately causes the death of another person and the person who committed the violation:

             (1) Has not previously been convicted of any offense, a category B felony and shall be punished by a term of imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 25 years and must be further punished by a fine of not less than $2,000 nor more than $5,000.

             (2) Has previously been convicted of one or two offenses, a category B felony and shall be punished by a term of imprisonment in the state prison for a minimum term of not less than 5 years and a maximum term of not more than 25 years and must be further punished by a fine of not less than $2,000 nor more than $5,000.

      (b) If the violation proximately causes substantial bodily harm to another person, 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 20 years and must be further punished by a fine of not less than $2,000 nor more than $5,000.

      3.  A person imprisoned pursuant to subsection 2 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.

      4.  A prosecuting attorney shall not dismiss a charge of violating the provisions of subsection 1 in exchange for a plea of guilty, guilty but mentally ill or nolo contendere to a lesser charge or for any other reason unless the attorney knows or it is obvious that the charge is not supported by probable cause or cannot be proved at the time of trial. A sentence imposed pursuant to subsection 2 may not be suspended nor may probation be granted.

      5.  Except as otherwise provided in subsection 6, 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.  If the defendant is also charged with violating the provisions of NRS 484E.010, 484E.020 or 484E.030, the defendant may not offer the affirmative defense set forth in subsection 5.

      7.  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.

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

      (a) A violation of this section;

      (b) A violation of NRS 484C.110 or 484C.120;

      (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 this section or NRS 484C.110 or 484C.130; or

      (d) A violation of a law of any other jurisdiction that prohibits the same or similar conduct as set forth in paragraph (a), (b) or (c).

      (Added to NRS by 1973, 447; A 1979, 1484; 1981, 1926; 1983, 1073; 1985, 818, 1015; 1989, 1111; 1991, 220, 489, 498, 837; 1995, 312, 1300, 2473; 1997, 644; 1999, 2452, 3422; 2001, 172; 2003, 1492, 2560; 2005, 144; 2007, 1453; 2015, 1364; 2017, 308; 2025, 36th Special Session, 109)—(Substituted in revision for NRS 484.3795)

      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 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 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;

      (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;

      (d) Is under the influence of a controlled substance or is under the combined influence of intoxicating liquor and a controlled substance;

      (e) 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

      (f) 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,

Ê and does any act or neglects any duty imposed by law while driving or in actual physical control of any vehicle on or off the highways of this State, if the act or neglect of duty proximately causes the death of, or substantial bodily harm to, another person, shall be punished as provided in subsection 2.

      2.  Unless a greater penalty is provided pursuant to NRS 484C.440, a person who violates any provision of subsection 1 is guilty of:

      (a) If the violation proximately causes the death of another person and the person who committed the violation:

             (1) Has not previously been convicted of any offense, a category B felony and shall be punished by a term of imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 25 years and must be further punished by a fine of not less than $2,000 nor more than $5,000.

             (2) Has previously been convicted of one or two offenses, a category B felony and shall be punished by a term of imprisonment in the state prison for a minimum term of not less than 5 years and a maximum term of not more than 25 years and must be further punished by a fine of not less than $2,000 nor more than $5,000.

      (b) If the violation proximately causes substantial bodily harm to another person, 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 20 years and must be further punished by a fine of not less than $2,000 nor more than $5,000.

      3.  A person imprisoned pursuant to subsection 2 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.

      4.  A prosecuting attorney shall not dismiss a charge of violating the provisions of subsection 1 in exchange for a plea of guilty, guilty but mentally ill or nolo contendere to a lesser charge or for any other reason unless the attorney knows or it is obvious that the charge is not supported by probable cause or cannot be proved at the time of trial. A sentence imposed pursuant to subsection 2 may not be suspended nor may probation be granted.

      5.  Except as otherwise provided in subsection 6, 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.  If the defendant is also charged with violating the provisions of NRS 484E.010, 484E.020 or 484E.030, the defendant may not offer the affirmative defense set forth in subsection 5.

      7.  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.

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

      (a) A violation of this section;

      (b) A violation of NRS 484C.110 or 484C.120;

      (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 this section or NRS 484C.110 or 484C.130; or

      (d) A violation of a law of any other jurisdiction that prohibits the same or similar conduct as set forth in paragraph (a), (b) or (c).

      (Added to NRS by 1973, 447; A 1979, 1484; 1981, 1926; 1983, 1073; 1985, 818, 1015; 1989, 1111; 1991, 220, 489, 498, 837; 1995, 312, 1300, 2473; 1997, 644; 1999, 2452, 3422; 2001, 172; 2003, 1492, 2560; 2005, 144, 145; 2007, 1453; 2015, 1364; 2017, 308; 2025, 36th Special Session, 109, 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 484.3795)

     

Notes of Decisions
Cited in 23 cases (9 in the last 5 years), 2011–2025 · leading case: State v. Eighth Judicial District Court ex rel. County of Clark
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State v. Eighth Judicial District Court ex rel. County of Clark (2011) nev · cites it 8× “NRS 484C.430(1) (formerly NRS 484.3795). According to the indictment, Armstrong was driving when his vehicle collided with another vehicle, causing substantial bodily harm to the other driver.”
Winkle v. Foster (2011) nev · cites it 8× “3795 (currently codified as NRS 484C.430). Winkle was sentenced to two to five years in state prison; however, before the expiration of her minimum term, Winkle was released to the 305 Program for alcohol treatment and residential confinement.”
Joseph Anderson v. Dwight Neven (2020) ca9 · cites it 3× “” Nev. Rev. Stat. § 484C.430(1). To satisfy that element in this case, the criminal information alleged that Anderson “did neglect his duty imposed by law to yield from a stop sign to oncoming traffic.”
Neagle v. Johnson (2022) nvd · cites it 15× “110 7 (misdemeanor) and NRS 484C.430 (felony). Thus, he argues the information did not 8 charge a crime and did not confer subject matter jurisdiction on the state district court 9 (or any court).”
State Vs. Dist. Ct. (Obermeyer (Mark)) (2021) nev · cites it 8× “430(1)(c), which is one of several alternative methods by which the State can establish the first element of a NRS 484C.430 charge, and it is not a bright-line evidentiary rule excluding BAC results taken outside of a two-hour window in every NRS 484C.”
Neagle v. Johnson (2023) nvd · cites it 8× “110 (misdemeanor) and NRS 484C.430 (felony). Thus, he argues the information did not 6 charge a crime and did not confer subject matter jurisdiction on the state district court (or any 7 court).”
BANKA (JACK) VS. STATE (2020) nev · cites it 6× “The required fine for a violation of NRS 484C.430 is "not less than $2,000 nor more than $5,000," NRS 484C.”
Neagle v. Johnson (2022) nvd · cites it 6× “110 and NRS 484C.430 a public offense, and without such a 9 statute, there is no crime.”
WILLIAMS (JESSICA) VS. STATE, DEP'T OF CORR. (2017) nev · cites it 4× “3795 (now codified as NRS 484C.430). For each count, Williams 1NR5 209.”
Coronado (Piter) v. Warden (2019) nev · cites it 3× “In denying the petition, the district court focused on two of the exceptions in subsection (8): paragraph (c), which excludes any offender convicted of a violation of NRS 484C.430 that is punishable as a felony, and paragraph (d), which excludes any offender convicted of a…”
State Vs. Mckern (Cassady) (2020) nev · cites it 3× “NRS 484C.430(1); see Sheriff v. Burcham, 124 Nev.”
Joseph Anderson v. Dwight Neven (2020) ca9 · cites it 3× “” Nev. Rev. Stat. § 484C.430(1). To satisfy that element in this case, the criminal information alleged that Anderson “did neglect his duty imposed by law to yield from a stop sign to oncoming traffic.”
Show all 23 citing cases →
— Nev. Rev. Stat. § 484C.430(1) — 15 cases
Winkle v. Foster (2011) nev “3795 (currently codified as NRS 484C.430). Winkle was sentenced to two to five years in state prison; however, before the expiration of her minimum term, Winkle was released to the 305 Program for alcohol treatment and residential confinement.”
State v. Eighth Judicial District Court ex rel. County of Clark (2011) nev “NRS 484C.430(1) (formerly NRS 484.3795). According to the indictment, Armstrong was driving when his vehicle collided with another vehicle, causing substantial bodily harm to the other driver.”
Joseph Anderson v. Dwight Neven (2020) ca9 “” Nev. Rev. Stat. § 484C.430(1). To satisfy that element in this case, the criminal information alleged that Anderson “did neglect his duty imposed by law to yield from a stop sign to oncoming traffic.”
BANKA (JACK) VS. STATE (2020) nev “The required fine for a violation of NRS 484C.430 is "not less than $2,000 nor more than $5,000," NRS 484C.”
Joseph Anderson v. Dwight Neven (2020) ca9 “” Nev. Rev. Stat. § 484C.430(1). To satisfy that element in this case, the criminal information alleged that Anderson “did neglect his duty imposed by law to yield from a stop sign to oncoming traffic.”
— Nev. Rev. Stat. § 484C.430(1)(a) — 2 cases
State Vs. Dist. Ct. (Obermeyer (Mark)) (2021) nev “430(1)(c), which is one of several alternative methods by which the State can establish the first element of a NRS 484C.430 charge, and it is not a bright-line evidentiary rule excluding BAC results taken outside of a two-hour window in every NRS 484C.”
State Vs. Mckern (Cassady) (2020) nev “NRS 484C.430(1); see Sheriff v. Burcham, 124 Nev.”
— Nev. Rev. Stat. § 484C.430(1)(b) — 1 case
State Vs. Dist. Ct. (Obermeyer (Mark)) (2021) nev “430(1)(c), which is one of several alternative methods by which the State can establish the first element of a NRS 484C.430 charge, and it is not a bright-line evidentiary rule excluding BAC results taken outside of a two-hour window in every NRS 484C.”
— Nev. Rev. Stat. § 484C.430(1)(c) — 2 cases
State Vs. Dist. Ct. (Obermeyer (Mark)) (2021) nev “430(1)(c), which is one of several alternative methods by which the State can establish the first element of a NRS 484C.430 charge, and it is not a bright-line evidentiary rule excluding BAC results taken outside of a two-hour window in every NRS 484C.”
Vitale (Jessica) Vs. State (2020) nev
— Nev. Rev. Stat. § 484C.430(1)(f) — 2 cases
Neagle v. Johnson (2022) nvd “110 7 (misdemeanor) and NRS 484C.430 (felony). Thus, he argues the information did not 8 charge a crime and did not confer subject matter jurisdiction on the state district court 9 (or any court).”
Neagle v. Johnson (2022) nvd “110 and NRS 484C.430 a public offense, and without such a 9 statute, there is no crime.”
— Nev. Rev. Stat. § 484C.430(l)(a) — 1 case
State v. Eighth Judicial District Court ex rel. County of Clark (2011) nev “NRS 484C.430(1) (formerly NRS 484.3795). According to the indictment, Armstrong was driving when his vehicle collided with another vehicle, causing substantial bodily harm to the other driver.”
— Nev. Rev. Stat. § 484C.430(l)(b) — 1 case
State v. Eighth Judicial District Court ex rel. County of Clark (2011) nev “NRS 484C.430(1) (formerly NRS 484.3795). According to the indictment, Armstrong was driving when his vehicle collided with another vehicle, causing substantial bodily harm to the other driver.”
— Nev. Rev. Stat. § 484C.430(l)(c) — 1 case
State v. Eighth Judicial District Court ex rel. County of Clark (2011) nev “NRS 484C.430(1) (formerly NRS 484.3795). According to the indictment, Armstrong was driving when his vehicle collided with another vehicle, causing substantial bodily harm to the other driver.”
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