A. First Offense In Five Years: Any person who violates any city ordinance corresponding to Nevada Revised Statutes sections 484.379(1) or 484.379(2), and who has not been convicted of a violation of such ordinance or any law which prohibits the same conduct as that prohibited by Nevada Revised Statutes sections 484.379(1), 484.379(2) or 484.3795 in any jurisdiction within five (5) years before the violation took place, is guilty of a misdemeanor. Except as provided in subsection C of this section, the court shall order him to pay tuition for and attend courses on the use and abuse of alcohol and controlled substances approved by the Nevada department of motor vehicles, shall fine him not less than two hundred dollars ($200.00) nor more than one thousand dollars ($1,000.00), and may sentence him to imprisonment in the city jail for not more than six (6) months. The court may order the Nevada department of motor vehicles to suspend his driver's license for a definite period of not less than thirty (30) days nor more than one year and not to allow him any limited driving privileges unless his inability to drive to and from work or in the course of his work would cause extreme hardship or prevent his earning a living.
B. Second Or Successive Offenses In Five Years: Any person who violates any city ordinance corresponding to Nevada Revised Statutes sections 484.379(1) or 484.379(2) within five (5) years after having once been convicted in any jurisdiction of a violation of Nevada Revised Statutes sections 484.379(1), 484.379(2), 484.3795 or any other law which prohibits the same, conduct is guilty of a misdemeanor, except as provided in subsection C of this section. The court shall sentence him to imprisonment for not less than ten (10) days nor more than six (6) months in the city jail, fine him not less than five hundred dollars ($500.00) nor more than one thousand dollars ($1,000.00), and direct the Nevada department of motor vehicles to suspend his driver's license for a period specified in the order, which must be not less than six (6) months, and not allow him any limited driving privileges unless his inability to drive to and from work or in the course of his work would cause extreme hardship or prevent his earning a living.
C. Treatment, Permitted When:
1. A person who has been convicted of a violation of any city ordinance corresponding to Nevada Revised Statutes sections 484.379(1) or 484.379(2) may elect to undergo treatment approved by the court for at least one year if:
a. He is classified an alcoholic or abuser of drugs by a:
(1) Counsel certified to make that classification by the Nevada bureau of alcohol and drug abuse of the rehabilitation division of the department of human resources; or
(2) Physician certified to make that classification by the state board of medical examiners.
b. He agrees to pay the costs of the treatment.
c. He has served a term of imprisonment in the county jail of five (5) days if it is his second conviction of violating Nevada Revised Statutes sections 484.379(1), 484.379(2), 484.3795, or a law which prohibits the same conduct, within five (5) years, in any jurisdiction.
d. The court orders the Nevada department of motor vehicles to suspend his driver's license for a period specified in the order which must not be less than ninety (90) days and not more than the time required to complete the treatment. The court may not allow him any limited driving privileges unless his inability to drive to and from work or in the course of his work would cause extreme hardship or prevent his earning a living.
2. A person may elect treatment pursuant to this section or pursuant to Nevada Revised Statutes section 484.379(6) only once in any period of five (5) years.
D. Treatment; Completion, Failure: If a person who has elected and qualified for treatment pursuant to subsection C of this section:
1. Fails to complete the treatment satisfactorily, he must be sentenced to the fine and imprisonment to which he would have been sentenced had he not elected treatment. The sentence of imprisonment must be reduced by a time equal to that which he served before beginning treatment.
2. Completes the treatment satisfactorily, he may not be sentenced further, but the conviction shall remain on his record of criminal history.
E. Suspended Sentence, Program Before Conviction, Dismissal: No sentence imposed for violating the provisions of any city ordinance corresponding to Nevada Revised Statutes sections 484.379(1) or 484.379(2) may be suspended, nor may any program of education, counseling or treatment be ordered or permitted before conviction. No prosecuting attorney may dismiss a charge of violating the provisions of any city ordinance corresponding to Nevada Revised Statutes section 484.379(1) or 484.379(2) in exchange for a plea of guilty or nolo contendere to a lesser charge or for any other reason unless he knows or it is obvious that the charge is not supported by probable cause or cannot be proved at the time of trial.
F. Serving Time: Any term of confinement imposed under the provisions of this section may be served intermittently at the discretion of the judge. This discretion must be exercised after considering all the circumstances surrounding the offense, and the family and employment of the person convicted, but any sentence of thirty (30) days or less must be served within six (6) months from the date of conviction or within six (6) months after the date of sentencing if the person elected to undergo treatment pursuant to subsection C of this section. Any segment of time the person is confined must not consist of less than twenty four (24) hours. (Ord. 30, 12-31-1985)
Notes
| 1 | 1. See also subsection 6-1-6B of this chapter. |