Nevada law prohibits drugged driving under a zero-tolerance policy. The Nevada Revised Statutes (NRS) Section 484C.110 defines drugged driving and sets limits for prohibited substances in urine and blood. Driving under the influence of drugs is punishable by fines and jail time, with penalties increasing for repeat offenses or accidents involving injury or death. While facing drugged driving charges, possible defenses include unlawful stop, involuntary ingestion, unfair treatment, or faulty testing procedures.
2. Driving under the influence does not only constitute
alcohol but drugs as well. In fact, controlling a vehicle
while influenced by drugs is even worse as substances can
have a longer and more extreme effect on a person.
In Nevada, drugged driving is counted as a DUI (Driving
under the influence) violation and is under a no-
tolerance policy: meaning, if you are caught under these
circumstances, you are automatically charged as guilty.
The state of Nevada is stringent with this law as there are
countless fatalities caused by drugged driving and the
laws to enforce this severity is seen in the Nevada Revised
Statutes (NRS) particularly in section 484C. 110.
3. Nevada Revised Statutes’ Definition of Drugged Driving
The Nevada Revised Statutes describe drugged driving as the act of
controlling a vehicle on a highway or on public premises while or had
inhaled, ingested, and applied any chemicals or something equivalent that
render a person incapable of driving safely.
The NRS had provided a list of the prohibited substances as well as the
and urine concentration levels that a person cannot equal to or exceed.
the following table for your reference:
4. Prohibited Drug Urine Nanograms per millimeter Blood Nanograms per millimeter
Amphetamine 500 100
Cocaine 150 50
Cocaine metabolite 150 50
Heroin 2,000 50
Heroin metabolite
Morphine
6-monoacetyl morphine
2,000
10
50
10
Lysergic acid diethylamide 25 10
Methamphetamine 500 100
Phencyclidine 25 10
Marijuana, which is legal in Nevada, is also under the prohibited substances when
driving. You can be arrested if the amount of marijuana found in your blood is equal
or greater than 2 for delta-9-tetrahydrocannabinol and 5 for 11-OH-
tetrahydrocannabinol.
Prescription drugs are also not excluded in the equation. Unbeknown to many,
over the counter and legally prescribed drugs are also treated as prohibited
substances as it can cause lethargy and weakness that are dangers for driving.
5. Driving under the influence of Drugs Penalties
When caught as a first time offender, you will be under misdemeanor DUI
where you will have to face a 48 hour mandatory detention in jail, 48 hours’
of community service and a fine of at least $400 to $1000. For a second drugged
driving offense, you will be subjected to not more than six months behind bars,
hours of community service, license suspension of one year, and a fine of $1000.
A third offense entails severe consequences. First is prison time of one to six
a license suspension of at least three years, and fines goes up to $5,000.
But even graver than this is a DUI case with fatalities. Usually when there is
or death involved, a charge is comprised of two to 20 years of prison time.
6. Defenses against Drugged Driving
For defenses that you can use, you will have to
closely with your DUI defense lawyer but usually,
valid defenses are as follows:
1. You were unlawfully stopped
This means contesting that the police officer does not have a
strong probable cause to pull you over. You can also bring up the
police’s aggressiveness that led to extreme and unethical
measures.
2. You involuntarily digested the substance
Ingesting a wrong drug can happen. You can prove that you have
mistaken prohibited substances for legal medication that you
to take.
3. You were treated unfairly
This denotes the police not respecting your rights such as the
to speak or be silent, as well as performing physical or verbal
harassment.
4. You went through faulty tests
You can claim that the field sobriety tests you performed were not
rightly executed and the officers obviously lack knowledge of such
7. If you are an obedient citizen who are
falsely accused of drugged driving,
know that you have every right to
prove that you are innocent. For this
to happen, you will need the aid of a
DUI defense lawyer. Read more about
the NRS 484C. 110 to avoid driving
under the influence of drugs penalties
today!
L a s V e g a s C r i m i n a l D e f e n s e A t t o r n e y R o s s
G o o d m a n
5 2 0 S 4 t h S t , L a s V e g a s , N V 8 9 1 0 1 , U S A
( 7 0 2 ) 3 8 3 - 5 0 8 8