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Committee backs SB 309 to toughen penalties and expand early evaluation for DUI offenders

June 01, 2025 | 2025 Legislature NV, Nevada


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Committee backs SB 309 to toughen penalties and expand early evaluation for DUI offenders
The Assembly Judiciary Committee voted unanimously in a work session to do pass Senate Bill 309, a measure that changes Nevada’s DUI laws to increase penalties for repeat offenders and expand early screening for high-risk drivers.

Sen. John Steinbeck introduced the bill, saying it "proposes various changes to the prohibition of driving under the influence of intoxicating substances" and described his experience responding to fatal crashes. He said SB 309 makes three primary changes: it raises the mandatory minimum jail term for a second DUI offense from 10 to 20 days, it lowers the blood-alcohol-content threshold that triggers a required alcohol evaluation from 0.18 to 0.16, and it removes a loophole that could allow a new DUI to be treated as if the offender were still in a court-ordered DUI treatment program rather than a subsequent offense.

Jeff Rogan of the Clark County Office of Traffic Safety told the committee that DUI arrests in the Las Vegas jurisdiction rose from 4,034 in 2017 to 6,159 in 2024 and that DUI fatalities have fluctuated, noting 76 fatalities in 2021 and 56 in 2024. He described the Las Vegas Justice Court DUI specialty program and said recidivism among program completers has been low in recent years.

Carleen Halbert, assistant city attorney for the Las Vegas City Attorney’s Office, said the bill was tailored to focus on highest-risk offenders and that, with a phlebotomist provision removed and other adjustments, Clark County Public Defender’s Office withdrew its opposition. Halbert noted consistency with other states’ second-offense penalties and cited NRS 484C.403 on how intermittent or converted sentences can be applied in specialty court settings.

Mark Schifalacqua, head of the Henderson City Attorney’s Office Criminal Division, described provisions that close a loophole for felony repeat offenders and explained the change to the BAC trigger for mandatory evaluations intended to capture higher-risk first-time offenders earlier for treatment.

Supporters from firefighter and law-enforcement groups spoke in favor. Todd Inglesby of Professional Firefighters Nevada said impaired drivers cause fatal calls. Andrew Bennett, chair of the Nevada Advisory Committee on Traffic Safety, urged increased screening and assessment to identify substance-use disorders earlier. Las Vegas Councilwoman Nancy Bruni cited local fatal crashes in her ward and argued existing penalties had not proved sufficient.

Opponents included Harrison Epstein of the Clark County Public Defender’s Office and Angela Knott of the Washoe County Public Defender’s Office, who said their opposition was limited to the increase to 20 mandatory days in jail and the change to a 0.16 BAC trigger, arguing the jail increase risks destabilizing defendants’ lives and that the state should emphasize improved treatment and prevention measures.

Sen. Steinbeck said the move to 0.16 for mandatory evaluation is intended to reach offenders sooner and acknowledged addiction concerns while arguing the 20-day increase is meant to be a meaningful deterrent for repeat offenders.

The committee then opened a work session on SB 309. Vice Chair Marzola moved to do pass and Assembly Member Cole seconded. The chair announced the motion passed unanimously and assigned the committee’s floor statement. The bill will proceed to the floor for further consideration.

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