Getting stopped by police in Las Vegas and charged with driving under the influence of marijuana or a controlled substance can be a frightening experience. An arrest for DUI or drug DUI can happen to ordinary Las Vegas residents or visitors who are in town partying or socializing on the weekend of a festive event. Most people who are charged with a Drug DUI are first-time offenders who would like to avoid having a DUI conviction on their permanent driving record. A criminal misdemeanor or felony conviction will show up on background checks and can damage your opportunities for employment and education.
We understand that the police are only presenting their version of what happened. You may have been charged with driving under the influence of drugs before all the facts were on the table.
If you are charged with driving under the influence of drugs, one of your first moves should be to call a Las Vegas DUI lawyer who can take the steps needed to protect your legal rights. Whether you are a Las Vegas resident or you are in town for a visit or a special occasion, Nevada DUI laws are strict and carry harsh penalties for those who are convicted. You could lose your driver’s license or even your freedom after a drugged driving conviction. Contact the dedicated criminal defense lawyers of Adras & Altig, Attorneys at Law to discuss your drug DUI arrest with our understanding drug driving defense lawyers.
Driving While High NRS 484C.110
The state of Nevada has legalized the possession of cannabis (marijuana) for recreational use for everyone ages 21 and older. While using marijuana and cannabis products is legal, it is illegal to drive while impaired by marijuana or controlled substances.
Nevada makes it against the law to drive while impaired by either drugs or alcohol.
As a matter of law in Nevada, a person is under the influence of marijuana if chemical tests show an individual has certain levels of a prohibited substance in the blood or urine:
- Marijuana – 2 nanograms per milliliter
- Marijuana metabolite —5 nanograms per milliliter
Under Nevada’s Per Se drugged driving law, drivers with certain detectable amounts of THC or marijuana metabolites are guilty of driving under the influence of drugs (DUID). The fact that Nevada permits the recreational use of marijuana is not a defense to a drugged driving charge.
In Nevada, any driver who has control of a vehicle on a public road shall be deemed to have given implied consent to a test of urine or blood to determine whether a controlled substance is present. IF you refuse to consent to a blood test, the police may force you to submit to a test.
You can be charged with a Drug DUI for driving while under the influence of marijuana, even if the breath test showed no presence of intoxicant. If you pass a breathalyzer test but have difficulty with the field sobriety test, the police may suspect you are under the influence of drugs.
You will be making a big mistake if you try to resolve a drug DUI charge on your own. The prosecutor will not let you off easy if you represent yourself. The prosecutor will seek the maximum sentence. Working with a criminal defense attorney who understands the legal issues presented by a drug DUI is essential to achieving the best outcome of your case.
The experienced Las Vegas criminal defense lawyers of Adras & Altig have more than a decade of experience defending Nevadans and visitors to Las Vegas who have been charged with driving while impaired by drugs. Our attorneys will investigate your drug DUI arrest and the alleged evidence against you. We will determine whether the police had probable cause to stop you. We work aggressively to develop a defense strategy based on the facts of the case and the alleged evidence against you. Our attorneys then seek resolutions to drug DUI charges that serve the best interests of our clients.
Driving While on Drugs
Many people are surprised to learn that they can be charged with a drug DUI based on the effects of taking a legal medication prescribed by a doctor. Even if you were following a doctor’s orders when taking Vicodin or another pain reliever, you can be convicted of a drug DUI if you were driving under the influence of a prescription or over-the-counter medication. The issue is whether the substance impaired your driving ability.
An individual may be found guilty of drugged driving for a controlled substance if the person is under the influence of a controlled substance or the combined effects of a controlled substance and alcohol. This requires a determination by a Drug Recognition Evaluation officer specially trained to recognize drug influence and impairment in motorists.
The state has to prove that the individual’s driving was affected to the extent that he or she was incapable of exercising physical control of a vehicle or safe driving.
What are the Penalties for a Drug DUI Conviction?
A drug DUI charge is typically a misdemeanor charge unless you have a history of drug DUI convictions.
- First Offense — For conviction of a first offense, you may face a fine of $400 to $1,000, two days in jail, or 48 hours of community service and attendance at a course on substance abuse.
- Second Offense — A person convicted of a second offense of drugged driving within seven years of the first offense may face enhanced penalties of up to six months in jail, a fine of $750 to $1,000, and be required to attend a treatment program for drug abuse.
- Third Offense — A third offense of driving under the influence of drugs within seven years will be charged as a felony. The prior DUI convictions can be from Nevada or another state. A conviction carries a one-year prison term and a fine of up to $5,000.
The charges and penalties may be enhanced under certain circumstances. If the driver killed or seriously injured someone while driving under the influence of drugs, the driver may be charged with a felony DUI, even if it is a first offense.
Regardless of whether you are facing a first offense of drug DUI or have a record of multiple charges, you need a committed Las Vegas criminal defense attorney fighting for your rights. At Adras & Altig, we take pride in our responsiveness to clients and keep you informed of our progress on your behalf.
Loss of Driving Privileges
If you have been charged with a drug DUI in Nevada, you have seven days to request an administrative hearing before the Department of Motor Vehicles to prevent suspension of your driver’s license.
If you don’t act, the DMV can suspend your driver’s license even if you have not been convicted of driving under the influence of drugs. If your license is suspended, you will have to pay a reinstatement fee and purchase specialized insurance to get your driving privileges restored.
Upon a motorist’s conviction of a first offense of a drug DUI, the Nevada Department of Motor Vehicles will revoke the driver’s license for 90 days.
A driver will lose driving privileges for one year upon conviction of a second offense of drug DUI. A third-offense DUI conviction results in a loss of driving privileges for three years.
Depending on the facts and your prior record, our seasoned attorneys may be able to preserve your driving privileges so you can drive to work or school.
What Are the Defenses Against a Drug Driving Charge?
An arrest on a drug DUI charge does not mean that you will automatically be convicted. A skilled criminal defense lawyer can use a variety of strategies to defend you.
Las Vegas police must have probable cause to pull a person over and make you submit to tests for drug impairment. If the police failed to follow proper arrest procedures or lacked probable cause, then they made an improper arrest. In such instances, it may be possible to have the charge of driving under the influence of drugs dismissed.
Our defense attorneys will closely review the blood tests and may challenge the handling of the blood samples or the accuracy of the testing equipment used to administer the tests. The testing laboratory may be required to produce paperwork showing the most recent calibration of the testing equipment and certification of the drug testers.
If you were charged with a drug DUI as a result of taking a legal, prescribed medication, our attorneys may be able to negotiate an agreement with the prosecutor to drop or have the charges reduced. Every case has its own set of facts to consider in developing a defense strategy.
Getting a drug DUI is a serious matter that can adversely affect your life for years to come. If you or your loved one has been charged with a drug DUI in Las Vegas, contact the skilled defense attorneys at Adras & Altig to discuss your legal options and learn how we can help you.
- About the Author
- Latest Posts
At Adras & Altig, we believe that every client we work with deserves a fresh start. Our dedicated Las Vegas criminal defense attorneys take the time to get to know you so we can understand the circumstances surrounding your arrest.