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Senate panel advances SB309 to add fentanyl per se limit, lower high‑BAC threshold and tighten repeat‑offender rules
Summary
Senate Bill 309 was advanced after sponsors and prosecutors presented an amended bill that lowers the high‑BAC evaluation threshold, adds fentanyl to the list of prohibited per‑se substances, increases jail minimum for second DUIs and closes a specialty‑court enhancement loophole. The committee removed a proposed repeal of phlebotomist testimony.
Senator John Steinbeck introduced Senate Bill 309 to the Senate Committee on Growth and Infrastructure on April 9, describing the bill as an update to impaired‑driving law to address increasing prevalence of opioids and other substances and to strengthen tools to prevent repeat offenses.
The Nevada District Attorneys Association and city prosecutors described a negotiated amendment that focuses on five prioritized policy changes that remained in the bill for committee consideration: lower the BAC threshold requiring a court‑ordered alcohol evaluation from 0.18 to 0.16; add fentanyl to the list of per‑se prohibited substances (with a proposed screening threshold of 1 nanogram per milliliter); increase custodial time for a second misdemeanor DUI from 10 to 20 days; close a loophole that prevents prosecutors from seeking enhanced "fourth‑time" penalties while a defendant is participating in certain treatment courts; and remove other non‑prioritized changes previously in the bill. During the work session sponsors and stakeholders agreed to strike from the amendment an initially proposed repeal of the statute that requires a phlebotomist or qualified person to be identified for admissibility of blood evidence, after public defenders voiced constitutional concerns.
Prosecutors and city attorneys argued the changes will expand evaluation and treatment referrals and give prosecutors better tools to pursue enhanced penalties for repeat offenders. "You should not be driving on fentanyl," said Mark Schifalacqua, head of the Criminal Division for the City of Henderson. He described fentanyl's potency and recommended a per‑se screening threshold of 1 ng/ml to align with forensic laboratory practices.
Support also came from law enforcement and traffic‑safety groups. Andrew Bennett, chair of the Nevada Advisory Committee on Traffic Safety, supported the lowered evaluation threshold as an opportunity to identify substance use disorders earlier and offer treatment before another crash occurs.
Opponents, including Washoe and Clark County public defenders, asked the committee to consider evidence for mandatory jail increases and emphasized treatment and prevention. "Our concern is that the person getting that second DUI ... changing it to 20 days without any sort of evidence to show that this is gonna help ... is not fixing the problem," said Paloma Guerreiro of the Washoe County Public Defender's Office.
After discussion the committee approved the amendment and moved SB309 out of committee in a work‑session vote. Committee members recorded some individual objections during separate bill votes in the meeting on other bills, but the motion on SB309 in the work session carried unanimously.
Why it matters: SB309 would update Nevada DUI law to respond to changes in drug threats (fentanyl), expand screening and treatment opportunities by lowering the high‑BAC evaluation threshold, and change penalties and prosecutorial tools to address repeat impaired drivers. The most contested pieces were the proposed jail minimum increase for second offenses and the earlier proposal to repeal the phlebotomist‑testimony statutory requirement; the latter was removed from the amendment before passage in committee.
What happens next: The committee advanced the amended SB309 to the Senate floor. Sponsors and legal stakeholders said they will continue to confer on statutory language and implementation details during floor consideration.
