- affirmative defense.
1.A person commits vehicular homicide if the person:
(a)Drives or is in actual physical control of a vehicle on or off the highways of this State and:
(1)Is under the influence of intoxicating liquor;
(2)Has a concentration of alcohol of 0.08 or more in his or her blood or breath;
(3)Is found by measurement within 2 hours after driving or being in actual physical control of a vehicle to have a concentration of alcohol of 0.08 or more in his or her blood or breath;
(4)Is under the influence of a controlled substance or is under the combined influence of intoxicating liquor and a controlled substance;
(5)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 driving or exercising actual physical control of a vehicle; or
(6)Has a prohibited substance in his or her blood or urine, as applicable, in an amount that is equal to or greater than the amount set forth in subsection 3 or 4 of NRS 484C.110;
(b)Proximately causes the death of another person while driving or in actual physical control of a vehicle on or off the highways of this State; and
(c)Has previously been convicted of at least three offenses.
2.If consumption is proven by a preponderance of the evidence, it is an affirmative defense under subparagraph (3) of paragraph (a) of subsection 1 that the defendant consumed a sufficient quantity of alcohol after driving or being in actual physical control of the vehicle, and before his or her blood or breath was tested, to cause the defendant to have a concentration of alcohol of 0.08 or more 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.
3.As used in this section, “offense” means:
(a)A violation of NRS 484C.110, 484C.120 or 484C.430;
(b)A homicide resulting from driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or resulting from any other conduct prohibited by this section or NRS 484C.110 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).
Section 484C.130 — Vehicular homicide; affirmative defense.,