A. Driving Vehicles or Animals:
1. Prohibitions: No person, while intoxicated or under the influence of intoxicating liquor or stimulating or stupefying drugs, shall drive or conduct any vehicle or ride any animal on any street, highway or alley in the County. (1973 Code §11.52.010)
a. It is unlawful for any person who is under the influence of intoxicating liquor to drive or be in actual physical control of a vehicle within the County.
b. It is unlawful for any person who is an habitual user of or under the influence of any narcotic drug as defined in NRS 453.020, dangerous drug as defined in NRS 454.220 or hallucinogenic drug as defined in NRS 454.460 or any person who inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent or any compound or combination of any chemical, poison or organic solvent to a degree which renders him incapable of safely driving or steering a vehicle to drive or steer a vehicle within the County. The fact that any person charged with a violation of this subsection A1b is or has been entitled to use such drug under the laws of this State shall not constitute a defense against any charge of violating this subsection. (1973 Code §11.52.030)
2. Clinical Tests; Presumptions of Driving While Intoxicated:
a. Presumptions: In any criminal prosecution for a violation of subsection A1a above relating to driving a vehicle while under the influence of intoxicating liquor, the amount of alcohol in the defendant's blood at the time alleged as shown by chemical analyses of the defendant's blood, urine, breath or other bodily substances shall give rise to the following presumptions:
(1) If there was, at that time, five one-hundredths percent (0.05%) or less by weight of alcohol in the defendant's blood, it shall be presumed that the defendant was not under the influence of intoxicating liquor.
(2) If there was, at that time, in excess of five one-hundredths percent (0.05%) but less than ten one-hundredths percent (0.10%) by weight of alcohol in the defendant's blood, such fact shall not give rise to any presumption that the defendant was or was not under the influence of intoxicating liquor, but such fact may be considered with other competent evidence in determining the guilt or innocence of the defendant.
(3) If there was, at that time, ten one-hundredths percent (0.10%) or more by weight of alcohol in the defendant's blood, it shall be presumed that the defendant was under the influence of intoxicating liquor.
The provision of this subsection A2a shall not be construed as limiting the introduction of any other competent evidence bearing upon the question whether or not the defendant was under the influence of intoxicating liquor. (1973 Code §11.52.040)
b. Admissibility of Evidence; Availability of Test Information: If a person refuses to submit to a chemical test as provided for in subsection A2d hereof, evidence of such refusal shall be admissible in any criminal action arising out of acts alleged to have been committed while such person was driving a vehicle while under the influence of intoxicating liquor.
If a person submits to such a test, full information concerning such test shall be made available, upon his request, to him or his attorney. (1973 Code §11.52.050)
c. Choice of Person to Administer Test: A person arrested for driving a vehicle while under the influence of intoxicating liquor shall be permitted, upon his request and at his expense, reasonable opportunity to have a qualified person of his own choosing administer a chemical test or tests for the purpose of determining the alcoholic content of his blood.
The failure or inability to obtain such a test or tests by such person shall not preclude the admission of evidence relating to the refusal to submit to a test or relating to a test taken upon the request of a Sheriff's deputy.
A test obtained under the provisions of this subsection may not be substituted for or stand in lieu of the test required by subsection A2d hereof. (1973 Code §11.52.060)
d. Implied Consent; Exceptions from Blood Test:
(1) Except as provided in paragraph (4) hereof and in accordance with the provisions of NRS 484.383, any person who drives a vehicle upon a street, road or highway in the County is deemed to have given his consent to a chemical test of his blood, urine, breath or other bodily substance for the purpose of determining the alcoholic content of his blood when such test is administered at the direction of a Sheriff's deputy having reasonable grounds to believe that such person was driving a vehicle while under the influence of intoxicating liquor and after such person was arrested for any offense allegedly committed while such person was driving a vehicle under the influence of intoxicating liquor.
(2) Such person shall be informed that his failure to submit to such test will result in the suspension of his privilege to drive a vehicle for a period of six (6) months, as provided in NRS 484.383.
(3) Any person who is dead, unconscious or otherwise in a condition rendering him incapable of refusal shall be deemed not to have withdrawn his consent, and any such test may be administered whether or not such person is informed, as required in paragraph (2) above.
(4) A person may refuse to submit to a blood test if means are reasonably available to perform a breath or urine test and may refuse to submit to a blood or urine test if means are reasonably available to perform a breath test. (1973 Code §11.52.070)
B. Intoxicated Person in Vehicle: No person, while intoxicated or under the influence of intoxicating liquor, shall be in or about any motor vehicle on any street, highway or alley in the County. (1973 Code §11.52.020)