SUMMARY--Makes various changes to provisions governing driving under influence of intoxicating liquor or controlled substance. (BDR 43-947)
FISCAL NOTE: Effect on Local Government: Yes.
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; requiring certain persons convicted of driving while under the influence of intoxicating liquor or a controlled substance to install a device to prevent him from starting a motor vehicle if he has consumed intoxicating liquor under certain circumstances; prohibiting such persons from operating a motor vehicle which does not have such a device installed or from tampering with such a device; making various other changes; providing a penalty; 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 NRS 483.460 is hereby amended to read as follows:
483.460 1. Except as otherwise provided by statute, the department shall revoke the license, permit or privilege of any driver upon receiving a record of his conviction of any of the following offenses, when that conviction has become final, and the driver is not eligible for a license, permit or privilege to drive for the period indicated:
(a) For a period of 3 years if the offense is:
(1) A violation of subsection 2 of NRS 484.377 . [or NRS 484.3795 or homicide resulting from driving a vehicle while under the influence of intoxicating liquor or a controlled substance.]
(2) A third or subsequent violation within 7 years of NRS 484.379.
(3) A violation of NRS 484.3795 or homicide resulting from driving a vehicle while under the influence of intoxicating liquor or a controlled substance.
The period during which such a driver is not eligible for a license, permit or privilege to drive must be set aside during any period of imprisonment and the period of revocation must resume upon completion of the period of imprisonment or when the person is placed on residential confinement.
(b) For a period of 1 year if the offense is:
(1) Any other manslaughter resulting from the driving of a motor vehicle or felony in the commission of which a motor vehicle is used, including the unlawful taking of a motor vehicle.
(2) Failure to stop and render aid as required [under] pursuant to the laws of this state in the event of a motor vehicle accident resulting in the death or bodily injury of another.
(3) Perjury or the making of a false affidavit or statement under oath to the department [under] pursuant to NRS 483.010 to 483.630, inclusive, or [under] pursuant to any other law relating to the ownership or driving of motor vehicles.
(4) Conviction, or forfeiture of bail not vacated, upon three charges of reckless driving committed within a period of 12 months.
(5) A second violation within 7 years of NRS 484.379 and , except as otherwise provided in subsection 3 of NRS 483.490, the driver is not eligible for a restricted license during any of that period.
(6) A violation of NRS 484.348.
(c) For a period of 90 days, if the offense is a first violation within 7 years of NRS 484.379.
2. The department shall revoke the license, permit or privilege of a driver convicted of violating NRS 484.379 who fails to complete the educational course on the use of alcohol and controlled substances within the time ordered by the court and shall add a period of 90 days during which the driver is not eligible for a license, permit or privilege.
3. When the department is notified by a court that a person who has been convicted of violating NRS 484.379 has been permitted to enter a program of treatment pursuant to NRS 484.3794 , the department shall reduce by [half] one-half the period during which he is not eligible for a license, permit or privilege to drive, but shall restore that reduction in time if notified that he was not accepted for or failed to complete the treatment.
4. The department shall revoke the license, permit or privilege of a driver who is required to install a device pursuant to NRS 484.3943 but operates a motor vehicle without such a device:
(a) For [1 year] 3 years if it is his first such offense during the period of required use of the device.
(b) For 5 years if it is his second such offense during the period of required use of the device.
5. A driver whose license, permit or privilege is revoked pursuant to subsection 4 is not eligible for a restricted license during the period set forth in paragraph (a) or (b) of that subsection, whichever is applicable.
6. When the department is notified that a court has:
(a) Pursuant to paragraph (h) of subsection 1 of NRS 62.211, NRS 62.226 or 62.228, or section 2 of [this act,] Assembly Bill No. 176 of this session, ordered the suspension or delay in issuance of a child's license;
(b) Pursuant to NRS 206.330, ordered the suspension or delay in issuance of a person's license; or
(c) Pursuant to NRS 62.227, ordered the revocation of a child's license,
the department shall take such actions as are necessary to carry out the court's order.
7. As used in this section, "device" has the meaning ascribed to it in NRS 484.3941.
Sec. 2. NRS 483.490 is hereby amended to read as follows:
483.490 1. Except as otherwise provided in [subsections 2 and 3,] this section, after a driver's license has been suspended or revoked for an offense other than a second violation within 7 years of NRS 484.379 and [half] one-half of the period during which the driver is not eligible for a license has expired, the department may, unless the statute authorizing the suspension prohibits the issuance of a restricted license, issue a restricted driver's license to an applicant permitting the applicant to drive a motor vehicle:
(a) To and from work or in the course of his work, or both; or
(b) To acquire supplies of medicine or food or receive regularly scheduled medical care for himself or a member of his immediate family.
Before a restricted license may be issued, the applicant must submit sufficient documentary evidence to satisfy the department that a severe hardship exists because the applicant has no alternative means of transportation and that the severe hardship outweighs the risk to the public if he is issued a restricted license.
2. A person who has been ordered to install a device in a motor vehicle which he owns or operates pursuant to NRS 484.3943:
(a) Shall install the device not later than 21 days after the date on which the order was issued; and
(b) May not receive a restricted license pursuant to this section until:
(1) After at least 180 days of the period during which he is not eligible for a license, if he was convicted of a violation of subsection 2 of NRS 484.377, a violation of NRS 484.3795 or homicide resulting from driving a vehicle while under the influence of intoxicating liquor or a controlled substance or if he was convicted of a third violation within 7 years of NRS 484.379;
(2) After at least 90 days of the period during which he is not eligible for a license, if he was convicted of a second violation within 7 years of NRS 484.379; or
(3) After at least 45 days of the period during which he is not eligible for a license, if he was convicted of a first violation within 7 years of NRS 484.379.
3. If the department has received a copy of an order requiring a person to install a device in a motor vehicle which he owns or operates pursuant to NRS 484.3943, the department shall not issue a restricted driver's license to such a person pursuant to this section unless the applicant has submitted proof of compliance with the order and subsection 2.
4. After a driver's license has been revoked pursuant to subsection 1 of NRS 62.227 or suspended pursuant to paragraph (h) of subsection 1 of NRS 62.211, NRS 62.226 or 62.228, or section 2 of [this act,] Assembly Bill No. 176 of this session, the department may issue a restricted driver's license to an applicant permitting the applicant to drive a motor vehicle:
(a) If applicable, to and from work or in the course of his work, or both; and
(b) If applicable, to and from school.
[3.] 5. After a driver's license has been suspended pursuant to NRS 483.443, the department may issue a restricted driver's license to an applicant permitting the applicant to drive a motor vehicle:
(a) If applicable, to and from work or in the course of his work, or both;
(b) To receive regularly scheduled medical care for himself or a member of his immediate family; and
(c) If applicable, as necessary to exercise a court-ordered right to visit a child.
[4.] 6. A driver who violates a condition of a restricted license issued pursuant to subsection 1 or by another jurisdiction is guilty of a misdemeanor, and if his license was suspended or revoked for a violation of NRS 484.379, 484.3795, 484.384 or a homicide resulting from driving a vehicle while under the influence of intoxicating liquor or a controlled substance, or the violation of a law of any other jurisdiction which prohibits the same conduct, he shall be punished in the manner provided pursuant to subsection 2 of NRS 483.560.
[5.] 7. The periods of suspensions and revocations required pursuant to this chapter and NRS 484.384 must run consecutively, except as otherwise provided in NRS 483.465 and 483.475, when the suspensions must run concurrently.
[6.] 8. Whenever the department suspends or revokes a license, the period of suspension, or of ineligibility for a license after the revocation, begins upon the effective date of the revocation or suspension as contained in the notice thereof.
Sec. 3. NRS 484.3941 is hereby amended to read as follows:
484.3941 As used in NRS 484.3941 to 484.3947, inclusive, unless the context otherwise requires [:
1. "Device"] , "device" means a mechanism [which:
(a)] that:
1. Tests a person's breath to determine the [percent by weight] concentration of alcohol in his breath; [and
(b)] 2. If the results of the test indicate that the person has [0.05 percent or more by weight] a concentration of alcohol in his [blood,] breath that is equal to or greater than 0.02 grams of alcohol per 210 liters of breath, prevents the motor vehicle in which it is installed from starting.
[2. The phrase "0.05 percent or more by weight of alcohol in his blood" includes a concentration of alcohol in the blood or breath of a person of 0.05 gram or more by weight of alcohol:
(a) Per 100 milliliters of his blood; or
(b) Per 210 liters of his breath.]
Sec. 4. NRS 484.3943 is hereby amended to read as follows:
484.3943 1. Except as otherwise provided in subsection 5, a court [may require any] :
(a) May order a person convicted of [driving under the influence of intoxicating liquor in] a first violation of NRS 484.379 [or 484.3795, who has served the term of confinement imposed upon him or has had his sentence suspended pursuant to NRS 4.373 and 5.055 after serving the mandatory minimum sentence,] , for a period of not less than 3 months nor more than 6 months;
(b) Shall order a person convicted of a second violation of NRS 484.379, for a period of not less than 6 months nor more than 12 months; and
(c) Shall order a person convicted of a third or subsequent violation of NRS 484.379 or a violation of NRS 484.3795, for a period of not less than 12 months nor more than 36 months,
to install at his own expense a device in any motor vehicle which he owns or operates [:
(a) As] as a condition to obtaining a restricted license pursuant to subsection 3 of NRS 483.490.
2. A court may order a person convicted of a violation of NRS 484.379 or 484.3795, for a period determined by the court, to install at his own expense a device in any motor vehicle which he owns or operates as a condition of reinstatement of his driving privilege . [;
(b) As a condition of the suspension of his sentence; or
(c) As a condition of the suspension of his sentence and reinstatement of his driving privilege.
2. Upon imposing such a requirement, the]
3. If the court orders a person to install a device pursuant to subsection 1 or 2:
(a) The court shall immediately prepare and transmit a copy of its order to the director. The order must include a statement that a device is required and the specific period for which it is required. The director shall cause this information to be incorporated into the records of the department and noted as a restriction on the person's driver's license.
[3. If the court requires the use of a device, the]
(b) The person who is required to install the device shall provide proof of compliance to the department before [the reinstatement of] he may receive a restricted license or before his driving privilege [.] may be reinstated, as applicable. Each model of a device installed pursuant to this section must have been certified by the committee on testing for intoxication.
4. [The] A person whose driving privilege is restricted pursuant to this section shall :
(a) If he was ordered to install a device pursuant to paragraph (a) of subsection 1, have the device inspected by the manufacturer of the device or [his agent every 90] its agent at least one time during the period in which he is required to use the device; or
(b) If he was ordered to install a device pursuant to paragraph (b) or (c) of subsection 1, have the device inspected by the manufacturer of the device or its agent at least one time each 90 days ,
to determine whether the device is operating properly. An inspection required pursuant to this subsection must be conducted in accordance with regulations adopted pursuant to NRS 484.3888. The manufacturer or its agent shall submit a report to the director indicating whether the device is operating properly and whether it has been tampered with. If the device has been tampered with, the director shall notify the court that ordered the installation of the device.
5. If a person is required to operate a motor vehicle in the course and scope of his employment and the motor vehicle is owned by his employer, the person may operate that vehicle without the installation of a device, if:
(a) The employee notifies his employer that the employee's driving privilege has been so restricted; and
(b) The employee has proof of that notification in his possession or the notice, or a facsimile copy thereof, is with the motor vehicle.
This exemption does not apply to a motor vehicle owned by a business which is all or partly owned or controlled by the person otherwise subject to this section.
Sec. 5. NRS 484.3945 is hereby amended to read as follows:
484.3945 1. A person required to install a device pursuant to NRS 484.3943 [, who operates] shall not operate a motor vehicle without a device or [tampers] tamper with the device . [must]
2. A person who violates any provision of subsection 1:
(a) Must have his driving privilege revoked in the manner set forth in subsection 4 of NRS 483.460 [and, if the installation of a device is a condition of the suspension of his sentence, the court upon notification shall order him to begin serving that portion of his original sentence which the court determines is appropriate under the circumstances.] ; and
(b) Shall be:
(1) Punished by imprisonment in jail for not less than 30 days nor more than 6 months; or
(2) Sentenced to a term of not less than 60 days in residential confinement nor more than 6 months, and by a fine of not less than $500 nor more than $1,000.
No person who is punished pursuant to this section may be granted probation and no sentence imposed for such a violation may be suspended. No prosecutor may dismiss a charge of such a violation in exchange for a plea of guilty, of guilty but mentally ill or of nolo contendere to a lesser charge or for any other reason unless, in his judgment, the charge is not supported by probable cause or cannot be proved at trial.
Sec. 6. NRS 484.3947 is hereby amended to read as follows:
484.3947 1. The committee on testing for intoxication shall on or before January 1, 1990, adopt regulations which:
(a) Provide for the certification of each model of those devices, described by manufacturer and model, which it approves as designed and manufactured to be accurate and reliable to test a person's breath to determine the [percent by weight] concentration of alcohol in the person's [blood] breath and, if the results of the test indicate that the person has [0.05 percent or more by weight] a concentration of alcohol in his [blood,] breath that is equal to or greater than 0.02 grams of alcohol per 210 liters of breath, prevent the motor vehicle in which it is installed from starting.
(b) Prescribe the form and content of records respecting the calibration of devices, which must be kept by the director or his agent, and [any] other records respecting the maintenance and operation of the devices which it finds should be kept by the director or his agent.
2. The committee shall establish its own standards and procedures for evaluating the models of the devices and obtain evaluations of those models from the director or his agent.
3. If a model of a device has been certified by the committee to be accurate and reliable pursuant to subsection 1, it is presumed that, as designed and manufactured, [any] each device of that model is accurate and reliable to test a person's breath to determine the [percent by weight] concentration of alcohol in the person's [blood] breath and, if the results of the test indicate that the person has [0.05 percent or more by weight] a concentration of alcohol in his [blood,] breath that is equal to or greater than 0.02 grams of alcohol per 210 liters of breath, will prevent the motor vehicle in which it is installed from starting.
Sec. 7. The amendatory provisions of this act do not apply to offenses that are committed before October 1, 1997.