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.]

sha256 1c21a328c05a00435086caba1a007869… · retrieved 7/17/2026, 11:43:07 PM · NRS — the Legislative Counsel Bureau's per-chapter publication (leg.state.nv.us), verbatim; the pages' own [Rev. …--2025] stamps prove the 83rd (2025) session integrated · awaiting human verification flip (text is verbatim; the flip is the review gate)

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

 (c) Cocaine metabolite 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.

 (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)—(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 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

 (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

 (c) Cocaine metabolite 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, 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 July 1, 2026)—(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 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

 (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

 (c) Cocaine metabolite 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 0.10 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

 (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

 (c) Cocaine metabolite 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 0.10 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)

Verbatim from the official publication; the only normalization is removal of the publisher's page headers. Verify against the official source for filing-critical use — court publications change without notice.