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- 83rd Session (2025)
Senate Bill No. 416–Committee on
Growth and Infrastructure
CHAPTER..........
AN ACT relating to public safety; authorizing the Department of
Motor Vehicles to issue a 24/7 privilege to certain persons
assigned to t he statewide sobriety and drug monitoring
program; eliminating the authority of the Department to issue
a restricted driver’s license to such persons; clarifying certain
requirements relating to the testing of persons assigned to the
program; providing tha t a person assigned to the program
may be subject to increased monitoring, supervision,
treatment or testing under certain circumstances; and
providing other matters properly relating thereto.
Legislative Counsel’s Digest:
Existing law enacts the Nevada 2 4/7 Sobriety and Drug Monitoring Program
Act, which establishes a statewide sobriety and drug monitoring program that
provides for the frequent testing of persons assigned to the program to determine
the presence of alcohol or a prohibited substance in the ir system. (NRS 484C.372 -
484C.397) Among other requirements, existing law requires a person assigned to
the program to submit to testing to determine the presence of alcohol in his or her
system: (1) at a designated testing location at least twice each day ; or (2) using any
other method approved under federal regulations. (NRS 484C.392) Section 4 of
this bill makes a technical correction to provide that the applicable definition of
“testing” includes other approved methods set forth in the federal definitio n.
Section 6 of this bill likewise makes a technical correction to provide that a
designated law enforcement agency is not required to establish testing locations if
the testing method specified in the guidelines of a political subdivision do not
require testing at a physical location.
Existing law makes a person assigned to the program eligible for a restricted
driver’s license, which: (1) is valid while the person is a participant in the program;
and (2) permits the person to drive to and from a testing location, work, court
appearances and certain other locations. (NRS 483.490, 484C.392) Section 5 of this
bill instead makes a person assigned to the program eligible for a 24/7 privilege
while the person is participating in and complying with the requirem ents of the
program. Section 1 of this bill requires the Department of Motor Vehicles to issue a
24/7 privilege to a person assigned to the program upon receiving certain notice
from the court. A 24/7 privilege issued by the Department pursuant to section 1
permits a person to drive while the person is participating in and complying with
the requirements of the program without the same limitations as were previously
imposed under a restricted driver’s license. A 24/7 privilege thereby permits a
person to dr ive freely to any destination of their choosing, provided the person
continues to participate in and comply with the requirements of the program.
Sections 2 and 3 of this bill define the term “24/7 privilege” for the purpose of the
Act. Sections 1, 5, 7 and 8 of this bill make conforming changes by replacing the
term “restricted driver’s license” with the term “24/7 privilege.”
Existing law requires a person assigned to the program to be subject to
sanctions for: (1) using alcohol or a prohibited substanc e while assigned to the
program; or (2) failing or refusing to undergo required testing. Under existing
law, such sanctions include, without limitation, incarceration. (NRS 484C.392)
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Section 5 expands the list of authorized sanctions to include increased m onitoring,
supervision, treatment or testing.
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 483.490 is hereby amended to read as follows:
483.490 1. Except as otherwise provided in this section, after
a driver’s license has been suspended or revoked and one-half of the
period during which the driver is not eligible for a license has
expired, the Department may, unless the statute authorizing the
suspension or revocation prohibits the issuance of a restricted
license, issue a restricted driver’s license to an applicant permitting
the applicant to drive a motor vehicle:
(a) To and from work or in the course of his or her work, or
both; or
(b) To acquire supplies of medicine or food or receive regularly
scheduled medical care for himself, herself or a member of his or
her immediate family.
Before a restricted license may be issued, the applicant must
submit sufficient documentary evidence to satisfy the Department
that a severe hardship exists because the applicant has no alternative
means of transportation and that the severe hardship outweighs the
risk to the public if the applicant is issued a restricted license.
2. [If the driver’s license of a person assigned to a program
established pursuant to NRS 484C.392 is sus pended or revoked, the
Department may issue a restricted driver’s license to an applicant
that is valid while he or she is participating in and complying with
the requirements of the program and that permits the applicant to
drive a motor vehicle:
(a) To and from a testing location established by a designated
law enforcement agency pursuant to NRS 484C.393;
(b) If applicable, to and from work or in the course of his or her
work, or both;
(c) To and from court appearances;
(d) To and from counseling; or
(e) To receive regularly scheduled medical care for himself or
herself.
3.] Except as otherwise provided in NRS 62E.630, after a
driver’s license has been revoked or suspended pursuant to title 5 of
NRS or NRS 392.148, the Department may issue a restri cted
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driver’s license to an applicant permitting the applicant to drive a
motor vehicle:
(a) If applicable, to and from work or in the course of his or her
work, or both; or
(b) If applicable, to and from school.
[4.] 3. After a driver’s license has be en suspended pursuant to
NRS 483.443, the Department may issue a restricted driver’s license
to an applicant permitting the applicant to drive a motor vehicle:
(a) If applicable, to and from work or in the course of his or her
work, or both;
(b) To recei ve regularly scheduled medical care for himself,
herself or a member of his or her immediate family; or
(c) If applicable, as necessary to exercise a court-ordered right to
visit a child.
[5.] 4. A driver who violates a condition of a restricted license
issued pursuant to subsection 1 or 2 is guilty of a misdemeanor and,
if the license of the driver was suspended or revoked for:
(a) A violation of NRS 484C.110, 484C.210 or 484C.430;
(b) A homicide resulting from driving or being in actual
physical cont rol of a vehicle while under the influence of
intoxicating liquor or a controlled substance or resulting from any
other conduct prohibited by NRS 484C.110, 484C.130 or 484C.430;
or
(c) A violation of a law of any other jurisdiction that prohibits
the same or similar conduct as set forth in paragraph (a) or (b),
the driver shall be punished in the manner provided pursuant to
subsection 2 of NRS 483.560.
[6.] 5. The periods of suspensions and revocations required
pursuant to this chapter and NRS 484C.210 must run consecutively,
except as otherwise provided in NRS 483.465 and 483.475, when
the suspensions must run concurrently.
[7.] 6. Whenever the Department suspends or revokes a
license, the period of suspension, or of ineligibility for a license
after the revocation, begins upon the effective date of the revocation
or suspension as contained in the notice thereof.
[8.] 7. Any person for whom a court provides an exception
relating to the installation of an ignition interlock device pursuant to
subsection 4 of NRS 484C.210 or subsection 2 of NRS 484C.460 is
eligible for a [restricted driver’s license ] 24/7 privilege under this
section while the person is participating in and complying with the
requirements of a program established pursuant to NRS 484C.392.
[9.] 8. If the Department receives a copy of an order requiring a
person to install an ignition interlock device in a motor vehicle
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pursuant to NRS 484C.460, the Department shall issue an ignition
interlock privilege to the person after he or she submits proof of
compliance with the order. A person who is required to install an
ignition interlock device pursuant to NRS 484C.210 or 484C.460
shall install the device not later than 14 days after the date on which
the order was issued. A driver who vio lates any condition of an
ignition interlock privilege issued pursuant to this subsection is
guilty of a misdemeanor and shall be punished in the same manner
provided in subsection 2 of NRS 483.560 for driving a vehicle while
a driver’s license is cancelled, revoked or suspended.
9. Upon receiving notice that a person is eligible for a 24/7
privilege pursuant to subsection 6 of NRS 484C.394, the
Department shall, in accordance with any regulations adopted by
the Department pursuant to subsection 7 of NRS 484C.394, issue a
24/7 privilege to the person. A 24/7 privilege is valid while the
person is participating in and complying with the requirements of
a program established pursuant to NRS 484C.392.
Sec. 2. Chapter 484C of NRS is hereby amended by adding
thereto a new section to read as follows:
“24/7 privilege” means a license issued by the Department
pursuant to subsection 9 of NRS 483.490 which authorizes the
holder to operate a motor vehicle while assigned to the program.
Sec. 3. NRS 484C.374 is hereby amended to read as follows:
484C.374 As used in NRS 484C.372 to 484C.397, inclusive,
and section 2 of this act, unless the context otherwise requires, the
words and terms defined in NRS 484C.376 to 484C.390, inclusive,
and section 2 of this act have the meanings ascribed to them in
those sections.
Sec. 4. NRS 484C.388 is hereby amended to read as follows:
484C.388 “Testing” means any [procedure] :
1. Procedure approved by the Committee on Testing for
Intoxication for determining the concentration of alcohol or the
amount of a prohibited substance in a person’s system that is
provided for in the applicable guidelines adopted pursuant to NRS
484C.396 [.] ; or
2. Other approved method for determining the concentration
of alcohol or the amount of a prohibited substance in a person’s
system set forth in the federal definition of “24-7 sobriety
program” in 23 C.F.R. § 1300.23(b).
Sec. 5. NRS 484C.392 is hereby amended to read as follows:
484C.392 1. There is hereby established a statewide sobriety
and drug monitoring program in which any politic al subdivision in
this State may elect to participate.
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2. The program established pursuant to subsection 1 must meet
the federal definition of “24 -7 sobriety program” in 23 C.F.R. §
1300.23(b).
3. Any person who is assigned to the program:
(a) Must ab stain from alcohol and prohibited substances while
assigned to the program.
(b) Must be subject to:
(1) Testing to determine the presence of alcohol in his or her
system:
(I) At least twice each day at a testing location established
by a designated l aw enforcement agency pursuant to NRS
484C.393; or
(II) By using any other approved method set forth in the
federal definition of “24 -7 sobriety program” in 23 C.F.R. §
1300.23(b).
(2) If appropriate, random testing to determine the presence
of a prohibited substance in his or her system at least two times each
week, using any approved method set forth in the federal definition
of “24-7 sobriety program” in 23 C.F.R. § 1300.23(b).
(c) Must be subject to lawful and consistent sanctions for using
alcohol or a prohibited substance while assigned to the program or
for failing or refusing to undergo required testing, including, without
limitation, increased monitoring, supervision, treatment or testing
and incarceration. Any such sanction must be an immedia te
sanction or, if the approved testing method being used pursuant to
paragraph (b) does not allow for the imposition of an immediate
sanction, a timely sanction.
(d) Is eligible for a [restricted driver’s license ] 24/7 privilege
issued pursuant to subsection [2] 9 of NRS 483.490 while
participating in and complying with the requirements of the program
if the driver’s license of the person is suspended or revoked.
Sec. 6. NRS 484C.393 is hereby amended to read as follows:
484C.393 If a political subdivision elects to participate in the
program:
1. The Department of Public Safety may assist the political
subdivision in the establishment and administration of the program
in the manner provided in NRS 484C .372 to 484C.397, inclusive,
and section 2 of this act and in determining alternatives to
incarceration.
2. The political subdivision shall designate a law enforcement
agency to enforce the program.
3. A designated law enforcement agency [:
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(a) May] may designate an entity to provide testing services or
to take any other action required or authorized to be provided by the
law enforcement agency pursuant to NRS 484C.372 to 484C.397,
inclusive, and section 2 of this act, but such a designated entity may
not determine whether to participate in the program.
[(b) Shall]
4. If the testing method specified in the guidelines adopted by
the political subdivision under NRS 484C.396 requires testing at a
testing location established by the designated law enforcement
agency, the designated law enforcement agency must establish one
or more testing locations . [that] Any such location must provide at
least two available testing times each day. If only two testing times
are made available, the testing times must be approximately 12
hours apart.
Sec. 7. NRS 484C.394 is hereby amended to read as follows:
484C.394 1. A court may, as a condition of pretrial release, a
sentence, a suspension of sentence or probation, assign an offender
who is arrested for or found guilty of, as applicable, a violation of
NRS 484C.110 or 484C.120 that is punishable pursuant to
paragraph (a), (b) or (c) of subsection 1 of NRS 484C.400 to the
program established pursuant to NRS 484C.392.
2. If the court assigns an offender to the program who is found
guilty of a violation of NRS 484C.110 or 484C.120 that is
punishable pursuant to paragraph (a) of subsection 1 of NRS
484C.400, the court:
(a) Shall immediately sentence the offender in accordance with
NRS 484C.400 and enter judgment accordingly.
(b) Shall suspend t he sentence of the offender upon the
condition that the offender participate in the program for not less
than 90 days.
(c) Shall advise the offender that:
(1) If the offender fails to participate in the program for the
period determined by the court or fails to comply with the
requirements of the program, the court will require the offender to
serve the sentence imposed by the court. The sentence of
imprisonment must be reduced by a time equal to that which the
offender served before participating in the program.
(2) If the offender participates in the program for the period
determined by the court and complies with the requirements of the
program, the sentencing conditions, including, without limitation,
the mandatory period of imprisonment or communit y service, will
be reduced, but the conviction must remain on the record of criminal
history of the offender for the period prescribed by law.
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(3) The offender is eligible for a [restricted driver’s license ]
24/7 privilege issued pursuant to subsection [2] 9 of NRS 483.490
while participating in and complying with the requirements of the
program.
(d) May immediately revoke the suspension of sentence for a
violation of a condition of suspension.
3. If the court assigns an offender to the program who is found
guilty of a violation of NRS 484C.110 or 484C.120 that is
punishable pursuant to paragraph (b) of subsection 1 of NRS
484C.400, the court:
(a) Shall immediately sentence the offender in accordance with
NRS 484C.400 and enter judgment accordingly.
(b) Shall suspend the sentence of the offender upon the
condition that the offender participate in the program for not less
than 1 year and require that the offender [receive] :
(1) Receive an assessment of whether the offender has an
alcohol or other substance use disorder ; and
(2) Complete any appropriate treatment.
(c) Shall advise the offender that:
(1) If the offender fails to participate in the program for the
period determined by the court or fails to comply with the
requirements of the progr am, the court will require the offender to
serve the sentence imposed by the court. The sentence of
imprisonment must be reduced by a time equal to that which the
offender served before participating in the program.
(2) Except as otherwise provided in su bparagraph (2) of
paragraph (c) of subsection 4, if the offender participates in the
program for the period determined by the court and complies with
the requirements of the program, the offender’s sentence will be
reduced, but the minimum mandatory term o f imprisonment must
not be less than 5 days, and the conviction must remain on the
record of criminal history of the offender for the period prescribed
by law.
(3) The offender is eligible for a [restricted driver’s license ]
24/7 privilege issued pursuant to subsection [2] 9 of NRS 483.490
while participating in and complying with the requirements of the
program.
(d) Shall not defer the sentence, set aside the conviction or
impose conditions upon participation in the program except as
otherwise provided in this section.
(e) May immediately revoke the suspension of sentence for a
violation of a condition of the suspension.
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4. If the court assigns an offender to the program who is found
guilty of a violation of NRS 484C.110 or 484C.120 that is
punishable pursuant to paragraph (c) of subsection 1 of NRS
484C.400, the court:
(a) Shall immediately, without entering a judgment of
conviction and with the consent of the offender, suspend further
proceedings and place the offender on probation.
(b) Shall order the offender to participate in the program for not
less than 18 months and require that the offender [receive] :
(1) Receive an assessment of whether the offender has an
alcohol or other substance use disorder ; and
(2) Complete any appropriate treatment.
(c) Shall advise the offender that:
(1) The court will enter a judgment of conviction for a
violation of paragraph (c) of subsection 1 of NRS 484C.400 if the
offender fails to participate in the program for the period determined
by the court or fails to comply with the requirements of the program.
Any sentence of imprisonment may be reduced by a time equal to
that which the offender served before participating in the program.
(2) If the offender participates in the program for the period
determined by the court and complies with the requirements of the
program, the court will enter a judgment of conviction for a
violation of paragraph (b) of subsection 1 of NRS 484C.400 and
sentence the offender accordingly, but the minimum mandatory term
of imprisonment must not be less than [10] 5 days, and the
conviction must remain on the record of criminal history of the
offender for the period prescribed by law.
(3) The provisions of NRS 483.460 requiring the revocation
of the license, permit or privi lege of the offender to drive do not
apply and the offender is eligible for a [restricted driver’s license ]
24/7 privilege issued pursuant to subsection [2] 9 of NRS 483.490
while participating in and complying with the requirements of the
program.
(d) Shall not defer the sentence or set aside the conviction upon
participation in the program, except as otherwise provided in this
section.
(e) May enter a judgment of conviction and proceed as provided
in paragraph (c) of subsection 1 of NRS 484C.400 for a violation of
a condition ordered by the court.
5. If the court assigns an offender to the program as a condition
of pretrial release after his or her arrest for a violation of NRS
484C.110 or 484C.120 that is punishable pursuant to [paragraph (a)
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of sub section 1 of ] NRS 484C.400, the court shall advise the
offender that:
(a) If the offender fails to participate in the program, the court
may remand the offender to custody and require bond or other
conditions.
(b) The offender is eligible for a [restricted driver’s license] 24/7
privilege issued pursuant to subsection [2] 9 of NRS 483.490 while
participating in and complying with the requirements of the
program.
6. If a court assigns a person to the program pursuant to this
section, the court shall notify the Department of Motor Vehicles that
as a participant in the program, the person is eligible for a [restricted
driver’s license] 24/7 privilege issued pursuant to subsection [2] 9
of NRS 483.490. If the person fails to comply with the requirements
of t he program, the court [may] shall notify the Department of
Motor Vehicles of the person’s noncompliance and direct the
Department of Motor Vehicles to revoke the [restricted license. ]
24/7 privilege.
7. The Department of Motor Vehicles may adopt any
regulations necessary to provide for the issuance of a [restricted
driver’s license ] 24/7 privilege to a person assigned to the
program.
8. As used in this section, “imprisonment” means confinement
in jail or an inpatient rehabilitation or treatment center or other
facility or under house arrest with electronic monitoring, provided
the person under confinement or house arrest is in fact being
detained.
Sec. 8. 1. The Legislative Counsel shall, in preparing
supplements to the Nevada Administrative Code, substitute
appropriately the term “24/7 privilege” for the term “restricted
license” or “restricted driver’s license” as previously used in
reference to the type of license the Department of Motor Vehicles is
authorized to issue to a person assigned to the program.
2. As used in this section, “program” has the meaning ascribed
to it in NRS 484C.385.
Sec. 9. This act becomes effective on the date on which the
Director of the Department of Motor Vehicles notifies the Governor
and the Director of the Legislative Counsel Bureau that sufficient
resources are available to enable the Department to carry out the
amendatory provisions of this act.
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