his blood or breath” means 0.18 gram or more of alcohol per 100 milliliters of the blood of a person or per 210 liters of his breath. (b) “Offense” means: (1) A violation of NRS 484.379 or 484.3795; (2) A homicide resulting from driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or resulting from any other conduct prohibited by NRS 484.379, 484.3795 or 484.37955; or (3) A violation of a law of any other jurisdiction that prohibits the same or similar conduct as set forth in subparagraph (1) or (2). (c) “Treatment facility” has the meaning ascribed to it in NRS 484.3793. (Added to NRS by 1983, 1070; A 1985, 1946; 1987, 907, 1136; 1989, 195, 2046; 1991, 218, 836; 1993, 2262, 2892; 1995, 1298, 2471; 1997, 38, 642, 1746; 1999, 52, 2138, 3110, 3416, 3438; 2001, 220, 223, 1884, 2392; 2001 Special Session, 147; 2003, 277, 446, 1490; 2005, 139, 607, 2039; 2005, 22nd Special Session, 102) NRS 484.3793 Evaluation and treatment for alcohol or drug abuse: Definitions. As used in NRS 484.3793 to 484.37947, inclusive: 1. “Evaluation center” means a facility which is approved by the Health Division of the Department of Health and Human Services to provide an evaluation of an offender to a court to determine if the offender is an abuser of alcohol or another drug. The term includes a facility operated by a court or other governmental agency. 2. “Treatment facility” means a facility for the treatment of abuse of alcohol or drugs, which is certified by the Health Division of the Department of Health and Human Services. (Added to NRS by 1993, 2890; A 1997, 1748; 1999, 1882; 2001, 435) NRS 484.37935 Evaluation and treatment for alcohol or drug abuse: Standards for approval of evaluation center. The State Board of Health shall adopt by regulation the standards to be used for approving the operation of a facility as an evaluation center for the purposes of NRS 484.37937 to 484.37945, inclusive. (Added to NRS by 1993, 2890; A 1997, 1748; 1999, 1882; 2001, 435) NRS 484.37937 Evaluation and treatment for alcohol or drug abuse: Application by first-time offender to undergo program of treatment; sentencing of offender and conditional suspension of sentence; notice to Department. 1. An offender who is found guilty of a violation of NRS 484.379 that is punishable pursuant to paragraph (a) of subsection 1 of NRS 484.3792, other than an offender who is found to have a concentration of alcohol of 0.18 or more in his blood or breath, may, at that time or any time before he is sentenced, apply to the court to undergo a program of treatment for alcoholism or drug abuse which is certified by the Health Division of the Department of Health and Human Services for at least 6 months. The court shall authorize that treatment if: (a) The offender is diagnosed as an alcoholic or abuser of drugs by: (1) An alcohol and drug abuse counselor who is licensed or certified pursuant to chapter 641C of NRS to make that diagnosis; or (2) A physician who is certified to make that diagnosis by the Board of Medical Examiners; (b) The offender agrees to pay the cost of the treatment to the extent of his financial resources; and (c) The offender has served or will serve a term of imprisonment in jail of 1 day, or has performed or will perform 24 hours of community service. 2. A prosecuting attorney may, within 10 days after receiving notice of an application for treatment pursuant to this section, request a hearing on the question of whether the offender is eligible to undergo a program of treatment for alcoholism or drug abuse. The court shall order a hearing on the application upon the request of the prosecuting attorney or may order a hearing on its own motion. The hearing must be limited to the question of whether the offender is eligible to undergo such a program of treatment. 3. At the hearing on the application for treatment, the prosecuting attorney may present the court with any relevant evidence on the matter. If a hearing is not held, the court shall decide the matter upon affidavits and other information before the court. 4. If the court grants an application for treatment, the court shall: (a) Immediately sentence the offender and enter judgment accordingly. (b) Suspend the sentence of the offender for not more than 3 years upon the condition that the offender be accepted for treatment by a treatment facility, that he complete the treatment satisfactorily and that he comply with any other condition ordered by the court. (c) Advise the offender that: (1) If he is accepted for treatment by such a facility, he may be placed under the supervision of the facility for a period not to exceed 3 years and during treatment he may be confined in an institution or, at the discretion of the facility, released for treatment or supervised aftercare in the community. (2) If he is not accepted for treatment by such a facility or he fails to complete the treatment satisfactorily, he shall serve the sentence imposed by the court. Any sentence of imprisonment must be reduced by a time equal to that which he served before beginning treatment. (3) If he completes the treatment satisfactorily, his sentence will be reduced to a term of imprisonment which is no longer than that provided for the offense in paragraph (c) of subsection 1 and a fine of not more than the minimum fine provided for the offense in NRS 484.3792, but the conviction must remain on his record of criminal history. 5. The court shall administer the program of treatment pursuant to the procedures provided in NRS 458.320 and 458.330, except that the court: (a) Shall not defer the sentence, set aside the conviction or impose conditions upon the election of treatment except as otherwise provided in this section. (b) May immediately revoke the suspension of sentence for a violation of any condition of the suspension. 6. The court shall notify the Department, on a form approved by the Department, upon granting the application of the offender for treatment and his failure to be accepted for or complete treatment. (Added to NRS by 1997, 1744; A 1999, 1882, 3070, 3418; 2001, 127, 133, 435, 1886; 2001 Special Session, 149; 2003, 448; 2005, 141, 609) NRS 484.3794 Evaluation and treatment for alcohol or drug abuse: Application by second-time offender to undergo program of treatment; sentencing of offender and conditional suspension of sentence; notice to Department. 1. An offender who is found guilty of a violation of NRS 484.379 that is punishable pursuant to paragraph (b) of subsection 1 of NRS 484.3792 may, at that time or any time before he is sentenced, apply to the court to undergo a program of treatment for alcoholism or drug abuse which is certified by the Health Division of the Department of Health and Human Services for at least 1 year if: (a) The offender is diagnosed as an alcoholic or abuser of drugs by: (1) An alcohol and drug abuse counselor who is licensed or certified pursuant to chapter 641C of NRS to make that diagnosis; or (2) A physician who is certified to make that diagnosis by the Board of Medical Examiners; (b) The offender agrees to pay the costs of the treatment to the extent of his financial resources; and (c) The offender has served or will serve a term of imprisonment in jail of 5 days and, if required pursuant to NRS 484.3792, has performed or will perform not less than one-half of the hours of community service. 2. A prosecuting attorney may, within 10 days after receiving notice of an application for treatment pursuant to this section, request a hearing on the matter. The court shall order a hearing on the application upon the request of the prosecuting attorney or may order a hearing on i

Vegas Law