NCJ Number
92021
Date Published
1983
Length
89 pages
Annotation
The Nevada Legislative Commission recommends major changes to the law on driving while intoxicated in the areas of enforcement (preliminary testing of breath), prosecution ('illegal per se' law, a new offense of driving with 0.10 or more percent alcohol in the blood), general deterrence (administrative and criminal penalties), and specific deterrence (education and treatment).
Abstract
After receiving testimony from the public and police officers, prosecutors, defense attorneys, judges, and the department of motor vehicles, the subcommittee of the commission constructed a draft bill that provides for preliminary testing of a driver's breath. The test may be demanded if the officer has an 'articulable suspicion' that the driver is under the influence of intoxicating liquor or a controlled substance. The 'illegal per se' law or recommended new offense changes the standard of 0.10 percent or more from a presumption to a definition of intoxication. Further, the subcommittee decided that certain, severe, and swift punishment could be increased by imposing administrative sanctions against holders of drivers' licenses. The sanctions concerning drivers' licenses would also have the salutary effect of incapacitating intoxicated drivers. It was further decided that the minimum fine for a first offense of driving while intoxicated should be increased from $100 to $200. This increase will result in more uniformity in the assessment of fines for first offenses and will ensure that more of the cost of enforcing this law and prosecuting violations will be paid for by violators. The draft bill provides that the period during which prior offenses are considered should be extended from 5 to 7 years. Under the suggested legislation, treatment is not available to a person convicted of a third offense. Treatment may be applied for in both a first and second offense if the offender agrees to serve or has served one-half of the minimum jail sentence. The prosecutor may object to treatment if the offender has failed or not benefited from prior treatment. The recommended legislation is compared with existing Nevada legislation and with the Federal Barnes bill (H.R. 6170, PL 97-364). The appendixes contain the recommended legislation, statistics on driving while intoxicated, a comparison of Nevada law with laws of other States, and 'subsequent offense' statutes.