1. Notwithstanding any other provision of law, if a person commits a violation of a provision of chapters 483 to 484E, inclusive, 486 or 490 of NRS that is punishable as a civil infraction and the person is also charged with driving under the influence of alcohol or a controlled substance, the civil infraction may instead be charged as a misdemeanor.
2. Except as otherwise provided in this subsection, if a civil infraction is charged as a misdemeanor pursuant to subsection 1, the charge must be reduced to a civil infraction if the charge of driving under the influence of alcohol or a controlled substance is dismissed. The provisions of this subsection do not apply if the dismissal occurs pursuant to a plea agreement.