Aside from alcohol, drivers in Nevada can be charged with driving under the influence by consuming drugs and prohibited substances, or any combination thereof. Drugs liable for drugged driving also include sedative-hypnotic drugs (i.e. sleeping pills, muscle relaxants, etc.) and others that can affect driving ability, like Ambien and Nyquil.
A Las Vegas DWI attorney will be able to properly defend against accusations mounted on the defendant. We have successfully resolved cases when a defendant had an allergic reaction or suffered from unexpected side effects, or unknowingly consumed drinks spiked with drugs.
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Prohibited Substances and their limits
| Prohibited Substance | Urine Nanograms per milliliter | Blood Nanograms per milliliter |
|
Amphetamine |
500ng | 100ng |
|
Cocaine or cocaine metabolite |
150ng | 50ng |
|
Heroin or heroin metabolite (morphine or 6-monoacetyl morphine) |
2,000ng | 50ng |
|
Lysergic acid diethylamide |
25ng | 10ng |
|
Marijuana or marijuana metabolite |
10ng | 2ng |
|
Methamphetamine |
500ng | 100ng |
|
Phencyclidine |
25ng | 10ng |
The state of medical marijuana laws in Nevada
Many states have recognized the legality of marijuana for medical uses, with fewer still allowing use for recreation. Nevada has opened medical marijuana programs for its residents, but doesn’t allow it for recreational use at the moment.
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Penalties
Committing Drugged Driving or what we generally call DUI using prohibited substances carries similar penalties for drugged driving:
1st Offense
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Misdemeanor
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48 hours to a maximum of six (6) months in jail. In certain circumstances, 96 hours of community service may be imposed instead of jail time
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$400 to $1,000 in fines. May also include court costs and testing
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Driver’s license suspension for 90 days to 3 months
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May be required to attend a Victim Impact Panel
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DUI school for at least 8 hours
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Depending on the case, a Breath Interlock Device may be installed on the vehicle for 3 to 6 months.
2nd Offense
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Misdemeanor
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Detained in a Nevada jail for 10 days up to a maximum of six months
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A minimum of $750 to $1,000 in fines and court costs
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Driver’s license may be suspended for a maximum of one year
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The court may order the convict to perform 100 to 200 hours of community service
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Attendance to a Victim Impact Panel is mandatory
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Breath Interlock Device is required for six to twelve months
3rd Offense
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Three or more convictions of the same crime within seven years is a felony
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Held in Nevada State Prison for 1 to 6 years
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Fined for a minimum of $2,000 and a maximum of $5,000, including court costs
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Driver’s licenses will be suspended for 3 years. May even be revoked in worst case scenarios
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Have to participate in Victim Impact Panel sessions
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Installation of a Breath Interlock Device in the vehicle for 1 to 3 years
To know more about DUI, click here.