1.  It is unlawful for any person who:

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Terms Used In Nevada Revised Statutes 488.410 v2

  • controlled substance: means a drug, immediate precursor or other substance which is listed in schedule I, II, III, IV or V for control by the State Board of Pharmacy pursuant to Nevada Revised Statutes 0.031
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Operate: means to navigate or otherwise use a vessel. See Nevada Revised Statutes 488.035
  • Person: has the meaning ascribed to it in Nevada Revised Statutes 488.035
  • Power-driven vessel: means any vessel propelled by machinery, whether or not the machinery is the principal source of propulsion. See Nevada Revised Statutes 488.035
  • Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
  • Prohibited substance: has the meaning ascribed to it in Nevada Revised Statutes 488.035
  • Sailing vessel: means a vessel that is propelled by wind power and is not equipped with a motor. See Nevada Revised Statutes 488.035
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Under the influence: means impaired to a degree that renders a person incapable of safely operating or exercising actual physical control of a vessel. See Nevada Revised Statutes 488.035
  • Vessel: means every description of watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on water. See Nevada Revised Statutes 488.035

(a) Is under the influence of intoxicating liquor;

(b) Has a concentration of alcohol of 0.08 or more in his or her blood or breath; or

(c) Is found by measurement within 2 hours after operating or being in actual physical control of a power-driven vessel or sailing vessel under way to have a concentration of alcohol of 0.08 or more in his or her blood or breath, to operate or be in actual physical control of a power-driven vessel or sailing vessel under way on the waters of this State.

2.  It is unlawful for any person who:

(a) Is under the influence of a controlled substance;

(b) Is under the combined influence of intoxicating liquor and a controlled substance; or

(c) 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 the person incapable of safely operating or exercising actual physical control of a power-driven vessel or sailing vessel under way, to operate or be in actual physical control of a power-driven vessel or sailing vessel under way on the waters of this State.

3.  It is unlawful for any person to operate or be in actual physical control of a power-driven vessel or sailing vessel under way on the waters of this State with an amount of any of the following prohibited substances in his or her blood or urine that is equal to or greater than:

Urine Blood

Nanograms per Nanograms per

Prohibited substance milliliter’ milliliter

(a) Amphetamine 500 100

(b) Cocaine 150 50

(c) Cocaine metabolite 150 50

(d) Heroin’ 2,000 50

(e) Heroin metabolite:

(1) Morphine’ 2,000 50

(2) 6-monoacetyl morphine 10 10

(f) Lysergic acid diethylamide’ 25 10

(g) Methamphetamine’ 500 100

(h) Phencyclidine 25 10

4.  For any violation that is punishable pursuant to NRS 488.427, it is unlawful for any person to operate or be in actual physical control of a power-driven vessel or sailing vessel under way on the waters of this State with an amount of any of the following prohibited substances in his or her blood that is equal to or greater than:

Blood

Nanograms per

Prohibited substance’ milliliter

(a) Marijuana (delta-9-tetrahydrocannabinol)’ 2

(b) Marijuana metabolite (11-OH-tetrahydrocannabinol)’ 5

5.  If consumption is proven by a preponderance of the evidence, it is an affirmative defense under paragraph (c) of subsection 1 that the defendant consumed a sufficient quantity of alcohol after operating or being in actual physical control of the power-driven vessel or sailing vessel, as applicable, under way and before his or her blood was tested, to cause the defendant to have a concentration of 0.08 or more of alcohol in his or her blood or breath. A defendant who intends to offer this defense at a trial or preliminary hearing must, not less than 14 days before the trial or hearing or at such other time as the court may direct, file and serve on the prosecuting attorney a written notice of that intent.

6.  Except as otherwise provided in NRS 488.427, a person who violates the provisions of this section is guilty of a misdemeanor.

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