People often think driving under the influence offenses only applies to persons intoxicated by alcohol. However, driving or being in actual physical control of a vehicle while under the influence of a controlled substance or another drug is against the law in Nevada. A person even could be charged with a DUI if he or she drives while taking some prescription medication.
DUI charges, no matter what substance is involved, can be complicated . Police may use a drug recognition expert (DRE) to determine whether to accuse a person of being on drugs while driving. If you are accused of drugged driving in Nevada, it is critical that you begin building a strong defense immediately.
Drugged driving cases can be intimidating, but you do not have to handle the charges alone. Las Vegas DUI drug lawyer Jeffrey Jaeger has extensive knowledge on how to challenge evidence in criminal cases. He can use his experience and unique perspective to help you fight the criminal accusations.
Jeffrey served as Director of Litigation Support for the Clark County Public Defender’s Office where he assisted defense attorneys in presenting evidence in cases for their clients. Additionally, he is the co-author of Westlaw’s Courtroom Handbook of Nevada Evidence, a guide used by Nevada lawyers and judges.
You need someone who can help you fight the charges. Call (702) 816-3888 to schedule a free initial consultation with Jeffrey. The Law Offices of Jeffrey Jaeger represents clients accused of crimes throughout Las Vegas, Henderson, North Las Vegas, and the surrounding areas of Clark County, Nevada.
According to Nevada Revised Statute 484C.110, a person could be charged with a DUI offense if he or she inhales, ingests, applies, or uses a chemical compound which renders the person incapable of driving or if he or she is under the influence of a controlled substance or a combination of substances.
Detecting if a person is under the influence of a chemical substance can be difficult. Officers use various ways to determine if a person is intoxicated, and the driver could be asked to submit to a chemical test of his or her blood or breath. This could indicate which substances, if any, the person consumed.
According to state law, it is unlawful for a person to have the following amounts of nanograms per milliliter of a substance in his or her blood or urine:
In these cases, a person could be charged with a DUI if he or she is intoxicated by a prescription medication, even if the person has a valid prescription. For instance, if a person takes several Adderall — an amphetamine — and gets behind the wheel, he or she still could be charged with DUI with prescription drugs.
Nevada is one of several implied consent states. This means drivers in Nevada have implied their consent to a test of their breath, blood, or urine to determine if alcohol or a controlled substance is present if they are suspected of driving under the influence.
According to Nevada Revised Statute 484C.160, if a person is suspected of driving or being in actual physical control of a vehicle while under the influence of a controlled substance, chemical, poison, organic solvent, or other prohibited substance, an officer could direct the person to submit to a chemical test of his or her blood or urine, in addition to a breath test.
If a person does not submit to the blood or urine test, an officer could direct that reasonable force be used to the extent necessary to obtain samples of blood from the person to be tested. This means a person could be forced to give a sample without his or her approval.
When this method is used, not more than three samples may be taken during the five-hour period immediately after the initial arrest. The officer would not be required to provide the person with a choice of tests if reasonable force is used, according to state law.
If a person refuses to submit to the test, this could be considered admissible in any criminal proceedings. If he or she does take the test, the results must be made available to the person and his or her attorney, according to Nevada Revised Statute 484C.240.
When a person is charged with a DUI, the penalties would be the same no matter what substance he or she was allegedly intoxicated with during the time of the offense. For instance, the penalties would be the same for a DUI offense with alcohol and a DUI offense with marijuana.
Some possible DUI penalties according Nevada Revised Statute 484C.400 include:
The court could impose other penalties, depending on the circumstances of the case. If there are aggravating factors present in a DUI offense, such as substantial bodily harm as the result of the DUI, the penalties could be much more severe.
If you have been charged with drugged driving, contact an experienced Las Vegas DUI drug lawyer at The Law Offices of Jeffrey Jaeger. Jeffrey is passionate about helping his clients through even the most difficult cases. He can work with you to get favorable results in your situation. Call (702) 816-3888 to schedule a free consultation and learn more about your options.
Stay up-to-date on the latest legal news in the Silver State. Las Vegas attorney Jeffrey Jaeger discusses important developments in Nevada Appellate Courts.