Have you wondered if you can you get a DUI for drugs. The short answer is Yes, you can.
When it comes to driving under the influence crimes, known as DUIs, most people automatically assume the influence in question strictly refers to alcohol. That’s an understandable as historically that is what it meant but with the advent and use of illicit drugs and illegal substances, laws have come to reflect that impaired driving is the product of alcohol or drugs. Even today, alcohol-related traffic accidents dominate media reports when DUI accidents are reported. Driving under the influence of drugs in Nevada is a chargeable offense.
But Nevada state law also refers to controlled substances as a possible reason for a DUI charge, which means a driver can receive a DUI charge even if they haven’t touched alcohol.
NRS 484C.110
The Nevada state law regarding prohibited acts, specifically the acts prohibited while operating a motor vehicle, can be found under NRS 484C.110. In addition to listing the specific limits of the substances by nanograms per milliliter, the law states it is unlawful for a person to drive or be in actual physical control of a vehicle on a highway or on-premises to which the public has access if that person is:
- Under the influence of intoxicating liquor
- Has a concentration of alcohol of 0.08 or more in their blood or breath
- Has been 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
Regarding controlled substances, the law adds that any person who:
- Is under the influence of a controlled substance
- Is under the combined influence of intoxicating liquor and a controlled substance
- 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
It should be clarified here that controlled substance does not strictly refer to illegal and designer drugs. It can also refer to prescription drugs, even if the driver has a prescription for the substance in question.
Prescription Drug Challenges
Every drug presents some kind of side effect that be potentially debilitating to the person using the substance. As such, even legal medicines prescribed by a licensed medical professional can present side effects that can negatively impact the user.
Sometimes the side effects can be very minor, such as feelings of drowsiness or dizziness. However, a person experiencing those side effects while operating a vehicle can be described as doing so while under the influence of a controlled substance since they would not have acquired the substance in question without a prescription.
And that’s where drug DUI laws can be tricky, as having a prescription for a controlled substance does not encourage and excuse the person taking the prescription from the potential negative consequences of driving while under the influence. It’s very important to understand that; prescriptions can only be used for medicine usage, not a justification for impaired driving.
Potential DUI Penalties
Current DUI penalties in the state of Nevada include:
- Vehicle Being Impounded
- Jail time ranges from two days to six months
- Fines between $400 and $1,000
- Loss of Driving Privileges
Contact Us Today
To find out more about drug DUIs in Nevada or to learn how Las Vegas Criminal Defense lawyer Jherna Shahani of Shahani Law can provide you with a defense against these charges, contact Shahani Law Ltd. today. Same Day Attorney Response to Every Call. It is Just That Important! 702-625-7551
