A. Prohibited:
1. 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 geographical area encompassed by the provisions of this Chapter.
2. It is unlawful for any person who is under the influence of a controlled substance, as defined in NRS chapter 453 or any person who inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent or any compound or any combination of any chemical, poison or organic solvent to a degree which renders him incapable of safely driving or steering a vehicle within the geographical area encompassed by the provisions of this Chapter. (1973 Code §21.28.080)
B. Prosecutions for Driving Under Influence of Liquor:
1. Presumptions: In any criminal prosecution for violation of subsection A of this Section 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 analysis of the defendant's blood, urine, breath or other bodily substance shall give rise to the following presumptions:
a. If there was, at that time, five one-hundredths percent (.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.
b. If there was, at that time, in excess of five one-hundredths percent (.05%) but less than ten one-hundredths percent (.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.
c. If there was, at that time, ten one-hundredths percent (.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 provisions of this subsection 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 §21.68.090)
2. Chemical Tests:
a. Except as provided in subsections B2d and B2e of this Section, any person who drives a vehicle upon a road, highway or street in the geographical area encompassed by the provisions of this Chapter shall be deemed to have given his consent to 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 peace officer 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.
b. 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.
c. 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 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.
d. Any person who is afflicted with hemophilia or with a heart condition requiring the use of an anticoagulant, as determined by a physician, is exempt from any blood test which may be required pursuant to this subsection.
e. 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 §21.28.100)
3. Procedures: All matters pertaining to any person suspected of driving under the influence of intoxicating liquor, as provided in this Section, shall be conducted in accordance with the provisions of NRS sections 484.379 to 484.393, inclusive, the same being incorporated herein by reference. (1973 Code §21.28.110)