SB 309: Revises provisions relating to crimes. (BDR 43-906) - Nevada

Reprint 2 → As Enrolled · 6 edits · Jun 10, 2025

MODERATE

This bill lowers the blood alcohol concentration threshold from 0.18 to 0.16 for mandatory substance use disorder evaluations and adjusts minimum jail sentences for repeat offenders. It also removes a restriction preventing third-time offenders from applying for treatment if they have previously applied, instead barring them only if they were previously ordered to complete such a program.

Scope change

The bill expands the scope of mandatory evaluations to include drivers with lower alcohol levels and modifies eligibility rules for treatment programs to allow more third-time offenders to apply.

THRESHOLDS

The blood alcohol concentration threshold requiring a substance use disorder evaluation was lowered from 0.18 to 0.16.

REQUIREMENT

The minimum term of imprisonment or residential confinement for a second DUI offense within 7 years was increased from 10 days to 20 days.

A new penalty applies to third-time offenders undergoing treatment programs who subsequently commit another DUI offense.

ELIGIBILITY

Restrictions on third-time offenders applying for treatment programs were changed; they are now only barred if previously ordered to complete treatment, rather than if they had previously applied.

DEFINITION

The definition of 'prior offense' now includes being currently undergoing a treatment program for a first, second, or third-time offender.

TECHNICAL

Several sections defining the 0.18 threshold were deleted and replaced with the new 0.16 standard throughout the text.

As Introduced → Reprint 1 · 7 edits

MODERATE

This bill updates Nevada's DUI laws to include fentanyl as a prohibited substance and lowers the blood alcohol concentration threshold for mandatory substance abuse evaluations from 0.18% to 0.16%. It also expands penalties for repeat offenders and modifies rules regarding treatment program eligibility.

Scope change

The bill expands the scope of prohibited substances to include fentanyl and methylenedioxymethamphetamine (MDMA) and broadens the applicability of DUI prohibitions to include misdemeanor offenses involving marijuana metabolites.

DEFINITION

Added fentanyl and methylenedioxymethamphetamine (MDMA) to the list of prohibited substances that can lead to DUI charges.

REQUIREMENT

Reduced the blood alcohol concentration threshold from 0.18% to 0.16% to trigger mandatory evaluations for alcohol or substance use disorders.

ENFORCEMENT

Increased the minimum jail or residential confinement term for second-time DUI offenders within seven years from 10 days to 20 days.

Extended enhanced penalties for repeat felons to apply to third-time offenders who are currently in treatment programs.

ELIGIBILITY

Changed the criteria for third-time offenders to apply for treatment programs, removing restrictions on previous applications but adding a ban for those previously ordered to complete such programs.

Expanded the definition of a prior offense to include individuals currently undergoing treatment for an alcohol or substance use disorder.

TECHNICAL

Repealed an unused definition in the relevant chapter of the Nevada Revised Statutes.

Reprint 1 → Reprint 2 · 6 edits

MODERATE

SB 309 was reprinted with amendments adopted on May 29, 2025, updating the bill title to focus on driving under the influence of alcohol or prohibited substances rather than marijuana. The Legislative Counsel's Digest was reorganized and expanded to clarify that the bill reduces the alcohol concentration threshold for mandatory evaluation from 0.18 to 0.16, removes restrictions on third-time offenders applying for treatment programs, and adds provisions for treating prior offenses as prior convictions when a person is undergoing treatment. Several sections defining prohibited substances were deleted, while new sections were added to address treatment program eligibility and penalties.

Scope change

The bill's scope was narrowed from including marijuana to focusing specifically on alcohol and other prohibited substances, and expanded to include provisions about treatment program eligibility for repeat offenders.

SCOPE

Bill title and legislative digest were updated to remove references to marijuana and focus on driving under the influence of alcohol or prohibited substances.

REQUIREMENT

The blood alcohol concentration threshold requiring mandatory evaluation for substance use disorder was reduced from 0.18 to 0.16.

New provisions clarify that offenses committed while undergoing treatment for substance use disorder count as prior offenses for sentencing purposes.

ELIGIBILITY

Restrictions on third-time offenders applying for treatment programs were removed, allowing them to apply unless previously ordered to complete treatment.

DEFINITION

Sections defining prohibited substances were deleted, likely due to changes in how substances are classified.

TECHNICAL

The reprint date was updated from April 17, 2025 to May 29, 2025, and the bill version changed from First Reprint to Second Reprint.

Revises provisions relating to crimes. (BDR 43-906)

What changed between versions

How they voted

Actions timeline

Sponsors