Nev. Rev. Stat. § 484C.392

Current through 82nd (2023) Legislative Session Chapter 535 and 34th (2023) Special Session Chapter 1 and 35th (2023) Special Session Chapter 1
Section 484C.392 - Sobriety and drug monitoring program: Establishment; political subdivision may participate; requirements
1. There is hereby established a statewide sobriety and drug monitoring program in which any political subdivision in this State may elect to participate.
2. The program established pursuant to subsection 1 must meet the federal definition of "24-7 sobriety program" in 23 C.F.R. § 1300.23(b).
3. Any person who is assigned to the program:
(a) Must abstain from alcohol and prohibited substances while assigned to the program.
(b) Must be subject to:
(1) Testing to determine the presence of alcohol in his or her system:
(I) At least twice each day at a testing location established by a designated law enforcement agency pursuant to NRS 484C.393; or
(II) By using any other approved method set forth in the federal definition of "24-7 sobriety program" in 23 C.F.R. § 1300.23(b).
(2) If appropriate, random testing to determine the presence of a prohibited substance in his or her system at least two times each week, using any approved method set forth in the federal definition of "24-7 sobriety program" in 23 C.F.R. § 1300.23(b).
(c) Must be subject to lawful and consistent sanctions for using alcohol or a prohibited substance while assigned to the program or for failing or refusing to undergo required testing, including, without limitation, incarceration. Any such sanction must be an immediate sanction or, if the approved testing method being used pursuant to paragraph (b) does not allow for the imposition of an immediate sanction, a timely sanction.
(d) Is eligible for a restricted driver's license pursuant to subsection 2 of NRS 483.490 while participating in and complying with the requirements of the program if the driver's license of the person is suspended or revoked.

NRS 484C.392

Added to NRS by 2019, 2749; A 2021, 2464
Amended by 2021, Ch. 390,§23, eff. 6/4/2021.
Added by 2019, Ch. 436,§14, eff. 6/6/2019.