DUID / Driving Under The Influence Of Drugs

Most people are aware that driving under the influence of alcohol could result in criminal charges. However, they sometimes do not realize that driving while under the influence of a controlled substance also could lead to a DUI arrest. In these instances, if a person is considered impaired, he or she could face charges.

Charges for driving while under the influence of an illegal substance or even a prescription medication can be a tough legal process. For instance, if a person has a valid prescription for a medication, but gets behind the wheel, he or she still could be arrested. These charges are unique and sometimes can be difficult for law enforcement to prove.

Las Vegas Drugged Driving Defense Attorney

Facing DUI charges can be complicated, especially if you are accused of getting behind the wheel or being in control of a vehicle while under the influence of a controlled substance. These cases can require a great deal of work and knowledge of chemical tests. It is important to build a strong defense against the charges as soon as possible.

Contact Las Vegas DUID defense attorney Michael Pariente of immediately. He can work one-on-one with you and help you make the best decisions in your case to ensure your rights are represented. Call (702) 966-5310 to schedule a free initial consultation. He represents clients throughout the Las Vegas area, including Henderson, Paradise and other Clark County cities.

 

Information About Drugged Driving

 

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What is Drugged Driving?

According to Section 484C.110 of the Nevada Revised Statutes, it is unlawful for any person in Nevada to drive or be in actual physical control of a vehicle on a highway or on premises to which the public has access if he or she:

  • 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 solvent which renders the person incapable of safely driving or exercising actual physical control of a vehicle

For instance, a person could be arrested for drugged driving if he or she smokes marijuana and decides to drive or if he or she takes multiple pain pills and gets behind the wheel. It is important to note that a person still could face DUI charges even if he or she has a valid prescription for the medication.

A person also cannot be in actual physical control of the vehicle. Actual physical control means being in immediate control or having the ability to operate the motor vehicle. If a person is intoxicated and he or she pulls over on the side of the road to sleep, it still could constitute a charge because they have the ability to operate the vehicle.

The law outlines the amount of a substance a person can have in his or her system before it is considered intoxicating, similar to the blood alcohol content of 0.08. In Nevada, a person is considered intoxicated if the following amount of nanograms per milliliter are found in his or her urine or blood:

  • Amphetamine — 500 nanograms in urine; 100 nanograms in blood
  • Cocaine —150 nanograms in urine; 50 nanograms in blood
  • Cocaine metabolite —150 nanograms in urine; 50 nanograms in blood
  • Heroin —2,000 nanograms in urine; 50 nanograms in blood
  • Heroin metabolite (morphine) —2,000 nanograms in urine; 50 nanograms in blood
  • Heroin metabolite (6-monoacetyl morphine) —10 nanograms in urine; 10 nanograms in blood
  • Lysergic acid diethylamide —25 nanograms in urine; 10 nanograms in blood
  • Marijuana —10 nanograms in urine; 2 nanograms in blood
  • Marijuana metabolite —15 nanograms in urine; 5 nanograms in blood
  • Methamphetamine —500 nanograms in urine; 100 nanograms in blood
  • Phencyclidine —25 nanograms in urine; 10 nanograms in blood

 

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Implied Consent DUI Drug Testing

Nevada is an implied consent state. This means any person who drives or is in actual physical control of a vehicle on a highway or on premises where the public has access shall be deemed to have given consent to an evidentiary test of his or her blood, urine or breath to determine the concentration of alcohol or whether a controlled substance or other prohibited substance is present.

An officer likely will ask the person to submit to a preliminary test, which works similar to a field sobriety test. The results of this test could give an officer probable cause to arrest a person for driving under the influence. If a person refuses this test, he or she could have their license suspended and be arrested.

According to Section 484C.160 of the Nevada Revised Statutes, an officer may direct the person to submit to a blood or urine test, or both, in addition to the breath test if he or she believes a controlled substance is involved in the offense.

If a person refuses to submit to the chemical test, and the officer has reasonable grounds to believe the person was driving or in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance, the officer can direct that reasonable force be used to the extent necessary to obtain samples of blood from the person to be tested.

If this is done, not more than three samples may be taken during the five-hour period immediately following the initial arrest. The officer is not required to provide the person with a choice of a chemical test, according to Section 484C.160.

If a person refuses to submit to a required chemical test of his or her blood, breath or urine, evidence of that refusal is admissible in any criminal or administrative action arising out of acts alleged to have been committed, according to Section 484C.240.

 

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Penalties for Driving Under the Influence in Nevada

DUI charges are the same in Nevada for those who are under the influence of drugs and alcohol. This means a first DUI offense usually is a misdemeanor, but it still can carry severe consequences. Some of the possible DUI penalties include:

First DUI offense —

  • Up to six months in jail or 96 hours of community service
  • Up to $1,000 in fines
  • A 90-day driver’s license suspension
  • Mandatory DUI school and all associated costs

Second DUI offense

  • Between 10 days and six months in jail or confinement at an alcohol treatment facility
  • Up to $1,000 in fines
  • Driver’s license suspension for one year
  • Mandatory DUI school and all associated costs

Third DUI offense

  • Between one and six years in prison
  • Up to $5,000 in fines
  • Administrative license suspension for three years

 

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Finding the Best DUID Defense Lawyer in Las Vegas

If you are facing charges for driving under the influence of a controlled substance, contact a Las Vegas drugged driving defense attorney at Pariente Law Firm, P.C.. Michael Pariente has more than 15 years of experience helping clients handle a variety of DUI cases. He can help you achieve a favorable outcome in your case. Call (702) 966-5310 to schedule a free consultation today.

Contact Us

Pariente Law Firm, P.C.

3960 Howard Hughes Pkwy. #615

Las Vegas, NV 89169

 

(702) 966-5310

 

[email protected]

 

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NCDD National College for DUI Defense: Michael D. ParienteMichael David ParienteClients’ ChoiceAward 2017Fox 5 VegasNational Association of Criminal Defense LawyersLead Counsel Rated AttorneyBetter Business BureauAvvo Excelent AttorneyMichael David ParienteClients’ ChoiceAward 2014 Michael David ParienteReviewsout of 17 reviews


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