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Appendix A
Motor Vehicle Statutes That Address Child Endangerment

NEVADA

Nev. Rev. Stat. § 484.379(1) and (2)(2004)
Driving under the influence of intoxicating liquor or controlled or prohibited substance: Unlawful acts; affirmative defense; additional penalty for violation committed in work zone.

1. It is unlawful for any person who:

  1. Is under the influence of intoxicating liquor;
  2. Has a concentration of alcohol of 0.10 or more in his blood or breath; or
  3. Is found by measurement within 2 hours after driving or being in actual physical control of a vehicle to have a concentration of alcohol of 0.10 or more in his blood or breath,

to drive or be in actual physical control of a vehicle on a highway or on premises to which the public has access.

2. It is unlawful for any person who:

  1. Is under the influence of a controlled substance;
  2. Is under the combined influence of intoxicating liquor and a controlled substance; or
  3. Inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders him incapable of safely driving or exercising actual physical control of a vehicle,

to drive or be in actual physical control of a vehicle on a highway or on premises to which the public has access. The fact that any person charged with a violation of this subsection is or has been entitled to use that drug under the laws of this state is not a defense against any charge of violating this subsection.

3.  It is unlawful for any person to drive or be in actual physical control of a vehicle on a highway or on premises to which the public has access with an amount of a prohibited substance in his blood or urine that is equal to or greater than: (lists levels).

Nev. Rev. Stat. 484.3792(7) (2004)
Driving under the influence of intoxicating liquor or controlled or prohibited
substance: Penalties; segregation of offender; probation, suspension of sentence and plea bargaining restricted; intermittent confinement; consecutive sentences

7.  If the defendant was transporting a person who is less than 15 years of age in the motor vehicle at the time of the violation, the court shall consider that fact as an aggravating factor in determining the sentence of the defendant.

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