SB309

Existing law establishes various penalties applicable to the offense of driving or physically controlling a vehicle while under the influence of alcohol or a prohibited substance, depending on whether the offense is the first, second or third offense within 7 years. (NRS 484C.400) Among other things, a court may sentence a person who is found guilty of a second offense within 7 years to: (1) imprisonment for not less than 10 days nor more than 6 months in jail; or (2) residential confinement for not less than 10 days nor more than 6 months. Section 12 of this bill increases the minimum term of imprisonment or residential confinement to 20 days. Existing law requires an offender who had a concentration of alcohol of 0.18 or more in his or her blood or breath at the time of an offense to be evaluated before sentencing to determine whether the offender has an alcohol or substance use disorder. (NRS 484C.350) Section 11 of this bill reduces the concentration of alcohol threshold to require an offender who had a concentration of alcohol of 0.16 or more in his or her blood or breath at the time of the offense to be evaluated for an alcohol or substance use disorder. Sections 1, 9 and 12 of this bill make conforming changes to reduce references to the concentration of alcohol from 0.18 to 0.16. Section 38 of this bill makes a technical change to repeal a definition that is not used in chapter 484C of NRS. Additionally, existing law, under certain circumstances, authorizes certain fi