Not only can you get a DUI while under the influence of alcohol in Nevada, but also when you’re intoxicated by drugs. According to state law, you can be arrested for driving while under the influence of any chemical, organic solvent, poison, or any combination of these substances that renders a person incapable of safely operating a vehicle.
A person can be charged with a drugged DUI in Nevada if he/she has equal or greater of the following amounts of nanograms per milliliter (ng/ml):
- Cannabis – Two ng/ml found in blood
- Cannabis metabolite – Two ng/ml found in blood
- Cocaine – 50 ng/ml found in blood or 150 ng/ml found in urine
- Cocaine metabolite – 50 ng/ml found in blood or 150 ng/ml found in urine
- Methamphetamine – 100 ng/ml found in blood or 500 ng/ml found in urine
- Amphetamine – 100 ng/ml found in blood or 500 ng/ml found in urine
- Heroin – 50 ng/ml found in blood or 2,000 ng/ml found in urine
- Phencyclidine (PCP) – 10 ng/ml found in blood or 25 ng/ml found in urine
- Morphine – 50 ng/ml found in blood or 2,000 ng/ml found in urine
Remember, being under the influence of either illegal drugs or medication such as prescription and over-the-counter medicine can result in a DUI charge. The side effect of many legal medications is drowsiness, which can impair someone’s ability to safely operate a vehicle.
After a traffic stop, law enforcement officials will request the driver perform field sobriety tests (FSTs) or participate in a preliminary breath test (PBT). Additionally, drug recognition experts (DREs) may be called to determine drug intoxication because of their specialized training in drug cases.
In the event of a drugged DUI arrest, you and everyone has given “implied consent” to take a blood and/or urine test. Refusal may result in the police using “reasonable force” to constrain a drive to have a medical professional administer a blood test.
Driver’s license suspension will occur after the test results are returned and they are positive, which generally occurs two or three weeks after an arrest. When it comes to drunk driving, an offender’s license is confiscated after a failed breath test.
A first-time drugged driving offense is a misdemeanor, that carries a maximum jail term of six months, fines of up to $1,000 (not including court costs), and driver’s license suspension for up to 185 days. However, a third drugged DUI in seven years or a drugged DUI arrest involving another person’s serious injury or death is considered a felony.
If you have been charged with a drugged DUI in Las Vegas, contact The Draskovich Law Group today at (702) 381-6590 and schedule a free consultation to learn about your legal options.