EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

1-1 Section 1. NRS 484.0135 is hereby amended to read as follows:

1-2 484.0135 The phrase ["0.10 percent] "concentration of alcohol of

1-7 2. Per] or 210 liters of his breath.

1-8 Sec. 2. NRS 484.379 is hereby amended to read as follows:

1-9 484.379 1. It is unlawful for any person who:

1-12 weight of alcohol] in his blood [;] or breath; or

2-1 (c) Is found by measurement within 2 hours after driving or being in

2-2 actual physical control of a vehicle to have a concentration of alcohol of

2-3 0.10 [percent] or more [by weight of alcohol] in his blood [,] or breath,

2-4 to drive or be in actual physical control of a vehicle on a highway or on

2-5 premises to which the public has access.

2-6 2. It is unlawful for any person who is an habitual user of or under the

2-7 influence of any controlled substance, or is under the combined influence

2-8 of intoxicating liquor and a controlled substance, or any person who

2-9 inhales, ingests, applies or otherwise uses any chemical, poison or organic

2-10 solvent, or any compound or combination of any of these, to a degree

2-11 which renders him incapable of safely driving or exercising actual physical

2-12 control of a vehicle to drive or be in actual physical control of a vehicle on

2-13 a highway or on premises to which the public has access. The fact that any

2-14 person charged with a violation of this subsection is or has been entitled to

2-15 use that drug under the laws of this state is not a defense against any charge

2-16 of violating this subsection.

2-17 3. If consumption is proven by a preponderance of the evidence, it is

2-18 an affirmative defense under paragraph (c) of subsection 1 that the

2-19 defendant consumed a sufficient quantity of alcohol after driving or being

2-20 in actual physical control of the vehicle, and before his blood or breath was

2-21 tested, to cause [the] him to have a concentration of alcohol of 0.10 or

2-22 more in his blood [to equal or exceed 0.10 percent.] or breath. A defendant

2-23 who intends to offer this defense at a trial or preliminary hearing must, not

2-24 less than 14 days before the trial or hearing or at such other time as the

2-25 court may direct, file and serve on the prosecuting attorney a written notice

2-26 of that intent.