Sheriff v. Burcham

*1249OPINION

By the Court,

Gibbons, J.:

Respondent Daniel J. Burcham was charged with felony driving under the influence (DUI) pursuant to NRS 484.3795(l)(a) and (b) following an accident that caused the death of another driver. The State appeals the district court’s order granting Burcham’s pretrial habeas petition and dismissing the felony DUI charge.

*1250We primarily consider whether the definition of “under the influence,” set forth in this court’s 1987 decision, Cotter v. State,1 applies to the current version of NRS 484.3795(l)(a). In 1995, the Legislature amended NRS 484.3795, delineating the…