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Generally speaking, the term “driving under the influence,” or DUI, tends to get used most often when describing instances of driving under the influence of alcohol. But driving under the influence of drugs is also part of this violation.
Statistically it may be hard to discern DUI charges by specific substance. While alcohol tends to be the substance most associated with DUIs, it’s not always clear that alcohol was the only substance in a person’s bloodstream at the time of the DUI arrest. A driver could be driving under the influence of drugs, meaning his impaired driving is due to use of illegal substances or a combination of alcohol and drugs.
Likewise, if a driver fails a breathalyzer test, law enforcement officials will be more concerned with handling the immediate DUI arrest perhaps than cataloging other illicit substance the driver ma be impaired by. A blood test can identify what drugs a driver may be have used that caused his intoxication.
Since DUI drivers create dangers to themselves, their passengers, other drivers on the road, and others nearby such as pedestrians or bicyclists, operating a motor vehicle while under the influence of an illicit drug is a serious concern.
Operating a vehicle requires control, observance, and a general sense of preservation for everyone in, outside, or within the general proximity of the vehicle at all times. DUIs can prevent a person from observing those requirements in several ways.
Any vehicle operation, whether it’s a bicycle or an 18-wheeler semi-truck, requires the operator to be mentally alert to the various dangers and obstacles that can appear on the road.
Even short-distance driving trips can bring a driver into contact with other drivers, pedestrians, road obstacles, malfunctioning traffic signals, and a variety of other potential road hazards. If the operator’s cognitive abilities have been hindered by the influence of drugs or alcohol, every road challenge becomes even harder to perceive and avoid.
Likewise, drugs and alcohol can inhibit the basic motor functions needed to operate a vehicle. Worse, the driver’s cognitive impairments may prevent them from understanding the impact on the motor functions, presenting situations where the driver believes their cognitive/motor functions remain optimal when they have been severely inhibited.
If you’ve ever started nodding off while watching a television show, you’ll understand how difficult it is follow the storyline when you’re drowsy. The same problem occurs when DUI-induced drowsiness starts to occur while operating a vehicle. But nodding off in the safety of your bed versus nodding off while behind the wheel is far more dangerous.
Certain drugs or substances classified as stimulants can create situations where the driver becomes overly aggressive. Aggressive driving includes speeding, tailgating, or even purposely colliding with other vehicles. If you are impaired in this way, you are not making thoughtful decisions if you are “wasted.”
Another common mistake when considering DUI situations includes the belief that, since the driver has not imbibed or used the substance in question recently, they will be exempt from receiving a DUI charge.
It’s important to remember that many substances remain in your system long after you’ve stopped using them. A standard breathalyzer test can detect alcohol in your system for about 24 hours after you’ve had your last drink, and depending on the detection method used, marijuana can be detected several days after usage. Other drugs also can be detected in your systems for hours, maybe even days.
In other words, you could feel perfectly sober when law enforcement asks you to submit to a drug test and be charged with a DUI because of what you imbibed or used several days earlier.
If you are facing criminal charges for DUI with drugs, you need to get a good criminal defense attorney. Jherna Shahani is a Las Vegas attorney with the knowledge, experience, and compassion to provide with a rigorous defense and will protect your rights. To find out more about how we can help you or a loved one who has been arrested for such charges, contact Shahani Law Ltd. today.
If you have been charged with assault in Las Vegas, Henderson, Clark County, Laughlin, Mesquite, Pahrump, Boulder City or elsewhere in Nevada, call Your Defender at Law at 702-625-7551 for a FREE consultation.
Jherna Shahani, Esq. provides loyalty, skill, personal attention, and care to every case. Advice from an attorney is just a phone call away, and you are guaranteed a same day response; it is just that important.
Assault is the unlawful attempt to use physical force on another person or intentionally place another in reasonable apprehension of immediate bodily harm.
Put simply, assault can be where you intended to use physical force but miss or where you threaten bodily harm.
Nevada law defines a deadly weapon as “any instrument which, if used in the ordinary manner contemplated by its design and construction, will or is likely to cause substantial bodily harm or death” or “any weapon, device, instrument, material or substance which, under the circumstances in which it is used, attempted to be used or threatened to be used, is readily capable of causing substantial bodily harm or death.”NRS 193.165
Of course, a knife or gun falls into this category, but other objects, if used to inflict injury, are classified as deadly weapons. For instance, bats, screwdrivers, rocks, sticks, bottles, and other household items can all be classified as deadly weapons.
Misdemeanor Assault
If the assault was not with a deadly weapon, not on a protected person and not by an inmate or person on probation/parole, then assault is a misdemeanor punishable by:
Assault with a Deadly Weapon
All assaults with a deadly weapon are Category B Felonies punishable by:
Assault on a Protected Person without a Deadly Weapon
If the assault is without a deadly weapon but against a protected person and the assaulter knew or should have known that the victim was a protected person, the assault is a gross misdemeanor punishable by:
Assault without a Deadly Weapon on a Protected Person by an Inmate or a Person on Probation/Parole.
If an inmate or person on probation/parole commits an assault without a deadly weapon, and the assault was made on a protected person and the assaulter knew or should have known that the victim was a protected person, the assault is a Category D Felony punishable:
People in Nevada can defend themselves if they reasonably believe they are facing an urgent or pressing threat of bodily harm, and the non-aggressor used no more violence then necessary to protect themselves.
If a person did not commit assault but the alleged victim lied, then the person is not guilty of assault. A skilled attorney is necessary to show the court that the alleged victim was not truthful and his testimony should be disregarded.
If you have been charged with assault in Las Vegas, Henderson, Clark County, Laughlin, Mesquite, Pahrump, Boulder City or elsewhere in Nevada, call Your Defender at Law at 702-625-7551 for a FREE consultation.
Jherna Shahani, Esq. provides loyalty, skill, personal attention, and care to every case. Advice from an attorney is just a phone call away, and you are guaranteed a same day response; it is just that important.