1.  It is unlawful for any person who:

      (a) Is under the influence of intoxicating liquor;

      (b) Has a concentration of alcohol of 0.08 or more in his or her blood or breath; or

      (c) 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,

Ê to drive or be in actual physical control of a vehicle on a highway or on premises to which the public has access.

      2.  It is unlawful for any person who:

      (a) Is under the influence of a controlled substance;

      (b) Is under the combined influence of intoxicating liquor and a controlled substance; or

      (c) 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,

Ê to drive or be in actual physical control of a vehicle on a highway or on premises to which the public has access. The fact that any person charged with a violation of this subsection is or has been entitled to use that drug under the laws of this State is not a defense against any charge of violating this subsection.

      3.  It is unlawful for any person to drive or be in actual physical control of a vehicle on a highway or on premises to which the public has access with an amount of a prohibited substance in his or her blood or urine that is equal to or greater than:

 

                                                                                                        Urine                           Blood

                                                                                             Nanograms                 Nanograms

      Prohibited substance                                                 per milliliter                 per milliliter

 

      (a) Amphetamine                                                                     500                               100

      (b) Cocaine                                                                                150                                 50

      (c) Cocaine metabolite                                                            150                                 50

      (d) Heroin                                                                               2,000                                 50

      (e) Heroin metabolite:

             (1) Morphine                                                                   2,000                                 50

             (2) 6-monoacetyl morphine                                               10                                 10

      (f) Lysergic acid diethylamide                                                 25                                 10

      (g) Marijuana                                                                              10                                    2

      (h) Marijuana metabolite                                                         15                                    5

      (i) Methamphetamine                                                             500                               100

      (j) Phencyclidine                                                                         25                                 10

 

      4.  If consumption is proven by a preponderance of the evidence, it is an affirmative defense under paragraph (c) 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.

      5.  A person who violates any provision of this section may be subject to the additional penalty set forth in NRS 484B.130.