(On Behalf of the Department of Motor Vehicles
and Public Safety)
June 10, 1997
____________
Referred to Committee on Judiciary
SUMMARY--Provides for suspension of driver's license or permit of person less than 21 years who drives with certain percentage by weight of alcohol in his blood. (BDR 43-590)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: No.
EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.
AN ACT relating to traffic laws; providing for the suspension of the driver's license or permit of a person less than 21 years of age who drives with a certain percentage by weight of alcohol in his blood; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1 Chapter 483 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.
Sec. 2 "0.02 percent or more but less than 0.10 percent by weight of alcohol in his blood" means a concentration of alcohol in the blood or breath of a person of 0.02 gram or more but less than 0.10 gram by weight of alcohol per 100 milliliters of his blood or per 210 liters of his breath.
Sec. 3 1. If the result of a test given pursuant to NRS 484.382 or 484.383 shows that a person less than 21 years of age had 0.02 percent or more but less than 0.10 percent by weight of alcohol in his blood at the time of the test, his license, permit or privilege to drive must be suspended for a period of 90 days.
2. If a revocation or suspension of a person's license, permit or privilege to drive for a violation of NRS 62.227, 484.379 or 484.3795 follows a suspension ordered pursuant to subsection 1, the department shall:
(a) Cancel the suspension ordered pursuant to subsection 1; and
(b) Give the person credit toward the period of revocation or suspension ordered pursuant to NRS 62.227, 484.379 or 484.3795, whichever is applicable, for any period during which the person's license, permit or privilege to drive was suspended pursuant to subsection 1.
3. This section does not preclude:
(a) The prosecution of a person for a violation of any other provision of law; or
(b) The suspension or revocation of a person's license, permit or privilege to drive pursuant to any other provision of law.
Sec. 4 1. A peace officer who has received the result of a test given pursuant to NRS 484.382 or 484.383 which indicates that a person less than 21 years of age to whom the test was given had 0.02 or more but less than 0.10 percent by weight of alcohol in his blood shall prepare a written certificate indicating whether the peace officer:
(a) Had reasonable grounds to believe that the person was driving under the influence of alcohol;
(b) Served an order of suspension on the person pursuant to subsection 2; and
(c) Issued the person a temporary license pursuant to subsection 2.
2. If a person less than 21 years of age to whom a test is given pursuant to NRS 484.382 or 484.383 is present when a peace officer receives the result of the test and the test indicates that the person has 0.02 or more but less than 0.10 percent by weight of alcohol in his blood, the peace officer shall:
(a) Serve an order of suspension of the license, permit or privilege;
(b) Seize any license or permit of the person;
(c) Advise the person of his right to:
(1) Administrative and judicial review of the suspension; and
(2) Have a temporary license;
(d) If the person requests a temporary license, issue the person a temporary license on a form approved by the department which becomes effective 24 hours after he receives the temporary license and expires 120 hours after it becomes effective; and
(e) Transmit to the department:
(1) Any license or permit seized pursuant to paragraph (b); and
(2) The written certificate which the peace officer is required to prepare pursuant to subsection 1.
3. If a person less than 21 years of age to whom a test is given pursuant to NRS 484.382 or 484.383 is not present when a peace officer receives the result of the test and the test indicates that the person has 0.02 or more but less than 0.10 percent by weight of alcohol in his blood, the peace officer shall transmit to the department a copy of the result of the test and the written certificate which the peace officer is required to prepare pursuant to subsection 1.
4. The department, upon receiving a copy of the result of the test and the written certificate transmitted by the peace officer pursuant to subsection 3, shall:
(a) Review the result of the test and the written certificate; and
(b) If the department determines that it is appropriate, issue an order to suspend the license, permit or privilege to drive of the person by mailing the order to the person at his last known address.
5. An order for suspension issued by the department pursuant to subsection 4 must:
(a) Explain the grounds for the suspension;
(b) Indicate the period of the suspension;
(c) Require the person to transmit to the department any license or permit held by the person; and
(d) Explain that the person has a right to administrative and judicial review of the suspension.
6. An order for suspension issued by the department pursuant to subsection 4 is presumed to have been received by the person 5 days after the order is deposited, postage prepaid, in the United States mail by the department. The date of mailing of the order may be shown by a certificate that is prepared by an officer or employee of the department specifying the date of mailing.
Sec. 5 1. At any time during which the license, permit or privilege to drive is suspended pursuant to section 4 of this act, the person may request in writing a hearing by the department to review the order of suspension. A person is entitled to only one administrative hearing pursuant to this section.
2. Unless the parties agree otherwise, the hearing must be conducted within 15 days after receipt of the request or as soon thereafter as is practicable in the county in which the requester resides.
3. The director or his agent may:
(a) Issue subpoenas for:
(1) The attendance of witnesses at the hearing; and
(2) The production of relevant books and papers; and
(b) Require a re-examination of the requester.
4. The scope of the hearing must be limited to the issues of whether the person, at the time of the test:
(a) Was less than 21 years of age; and
(b) Had 0.02 percent or more but less than 0.10 percent by weight of alcohol in his blood.
5. The department shall issue the person a temporary license for a period that is sufficient to complete the administrative hearing.
6. Upon an affirmative finding on the issues listed in subsection 4, the department shall affirm the order of suspension. Otherwise, the order of suspension must be rescinded.
7. If the order of suspension is affirmed by the department, the person is entitled to judicial review of the issues listed in subsection 4 in the manner provided in chapter 233B of NRS.
8. The court shall notify the department upon issuing a stay. Upon receiving such notice, the department shall issue an additional temporary license for a period that is sufficient to complete the judicial review.
9. The hearing officer or the court shall notify the department if the hearing officer grants a continuance of the administrative hearing or the court grants a continuance after issuing a stay of the suspension. Upon receiving such notice, the department shall cancel any temporary license granted pursuant to this section and notify the holder by mailing an order of cancellation to the last known address of the holder.
Sec. 6 After half the period during which the driver's license of a person is suspended pursuant to section 4 of this act, the department may issue the person a restricted driver's license in the manner provided in subsection 1 of NRS 483.490.
Sec. 7 NRS 483.020 is hereby amended to read as follows:
483.020As used in NRS 483.010 to 483.630, inclusive, and sections 2 to 6, inclusive, of this act, unless the context otherwise requires, the words and phrases defined in NRS 483.030 to 483.190, inclusive, and section 2 of this act have the meanings respectively ascribed to them in those sections.
Sec. 8 The amendatory provisions of this act do not apply to a test given pursuant to NRS 484.382 or 484.383 before October 1, 1997.