Driving under the influence of drugs (DUID) is a serious offense, and in Nevada, it’s treated with the same severity as driving under the influence of alcohol. Whether it’s a result of illicit drugs like cocaine or methamphetamine, or a legal prescription medication like codeine, the repercussions are significant and can have a lasting effect on your life.
When dissecting NRS 484C.110 – Nevada’s DUID statute – here’s what you need to know in a snapshot:
- Blood Test Mandate: Following a DUID arrest, Nevada law requires you to submit to a blood test; breath tests are not an option in these cases.
- Jail Time for First-Time Offenders: If it’s your first misdemeanor offense, you won’t necessarily serve jail time, provided you meet certain conditions such as paying fines and completing DUI school and a victim impact panel.
- License Suspension Rules: Getting your license suspended is mandatory. However, with the installation of an ignition interlock device, driving privileges can be maintained during the suspension period.
- Risk of Additional Charges: Be aware that if law enforcement discovers drugs in your vehicle, charges could escalate to include illegal drug possession (Pursuant to NRS 453.336), adding to the complexity of your situation.
What Constitutes Drug-Impaired Driving in Nevada?
In Nevada, drug-impaired driving goes beyond the act of being visibly impaired; it includes the technical measurements of controlled substances within your system. Nevada law characterizes driving under the influence of drugs (DUID) in two primary scenarios:
- Operating a vehicle after consuming a chemical, poison, organic solvent, or any mixture thereof that notably diminishes your capacity to drive safely.
- Driving with an amount of a specified prohibited substance in your blood or urine that meets or exceeds the state’s predefined thresholds.
Here’s a simplified breakdown of the legal limits for specific substances in your system:
| Substance | Urine (Nanograms /mm) | Blood (Nanograms /mm) |
| Amphetamine | 500 | 100 |
| Cocaine | 150 | 50 |
| Cocaine metabolite | 150 | 50 |
| Heroin | 2000 | 50 |
| Heroin metabolite:
-Morphine -6-monoacetyl morphine |
2000 10 |
501 0 |
| Lysergic acid diethylamide | 25 | 10 |
| Marijuana (only for third- or successive DUIs in a seven year period) | No Urine Test Required | 2 |
| Marijuana metabolite (only for third- or successive DUIs in a seven year period) | No Urine Test Required | 5 |
| Methamphetamine (Meth) | 500 | 100 |
| Phencyclidine | 20 | 10 |
Importantly, the law is indifferent to whether the substance is illegal, prescribed, over-the-counter, or another form that could compromise your ability to navigate the roads safely. It’s also critical to note that the mere presence of these substances at or above the legal limit constitutes an offense, irrespective of your driving behavior at the time.
Can Police Require a Blood Test After a DUI Arrest in Nevada?
In the state of Nevada, when you’re detained on suspicion of driving under the influence of drugs (DUID), you’re legally obliged to undergo a blood test. This procedure isn’t optional like choosing a breathalyzer, which exclusively measures the level of alcohol in your bloodstream. Breath tests are incapable of detecting the presence of drugs, hence their inadequacy in suspected DUID cases.
If an officer has reason to believe you’re impaired behind the wheel, you’ll likely be subjected to field sobriety tests (FSTs) as well as a preliminary breath test (PBT). Should you perform poorly on the FSTs but your breath test doesn’t indicate alcohol impairment, this triggers a red flag for potential drug influence. The next step typically involves the arrival of specially trained officers, known as drug recognition experts (DREs), to further assess your condition and establish sufficient grounds for arrest.
Under Nevada law, the very act of driving implies that you’ve consented to subject yourself to blood and urine testing if you’re suspected of DUID. A refusal to cooperate with a blood test when requested results in the immediate suspension of your driving privileges. Moreover, law enforcement may employ necessary force, while ensuring your safety, to ensure the blood test is conducted by a medical professional. Additionally, your refusal can be presented as incriminating evidence in court, potentially complicating your defense.
Is Jail Inevitable Following a DUI Arrest in Nevada?
For many facing a DUI charge in Nevada, the prospect of jail time is a primary concern. Here’s a clearer picture of what you might expect if you find yourself in this situation.
First-Time Offenders: A Glimpse of Hope
Typically, first-time DUI offenses, including those involving drugs (DUID), might not lead directly to jail. Nevada’s approach favors alternatives to incarceration, like community service, with the intention to rehabilitate rather than punish. Offenders can expect:
- A misdemeanor charge with possible penalties ranging from 2 days to 6 months in jail, or 24 to 96 hours of community service. Courts frequently opt for a suspended jail sentence.
- Enrollment in DUI School, an alcohol awareness program at the offender’s expense.
- Fines between $400 and $1,000, in addition to court fees.
- Attendance at a Victim Impact Panel.
- A 185-day license suspension, which might be bypassed with the installation of an ignition interlock device.
Consequences Intensify with Repeated Offenses
The state tightens its stance on subsequent DUI convictions:
- Second DUI (within 7 years): Still classified as a misdemeanor, penalties escalate to 10 days to 6 months in jail or residential confinement, increased fines, mandatory Victim Impact Panel attendance, and a year-long license suspension. However, qualifying for DUI Treatment Court could replace jail time.
- Third DUI (within 7 years): This escalates to a Category B felony, with one to six years in State Prison, heftier fines, and an extended license suspension. Felony DUI Treatment Court might be an alternative to prison time.
Severe Penalties for DUIs With Dire Consequences
DUI charges reach their most severe when causing substantial bodily harm or death:
- Category B felony: Penalties include two to twenty years in prison, with fines and a three-year license suspension. Usage of an ignition interlock device might offer some mobility.
- Vehicular homicide (following three prior DUI convictions): This represents the peak of legal consequences with 25 years to a life sentence, and parole considered only after ten years.
Can Immigrants Face Deportation for a DUID Charge?
While a conviction for driving under the influence (DUI) typically does not lead to deportation, the implications can be more severe when the offense involves drugs. The uncertainty surrounding drug-related charges makes it crucial for non-citizens to seek competent legal guidance.
If you are a non-citizen facing a Driving Under the Influence of Drugs (DUID) charge, it is essential to consult with an experienced attorney. ATAC LAW specializes in handling such sensitive cases and can work to either get the charges reduced or dismissed altogether to minimize the risk of deportation. Prompt, professional legal support can make a significant difference in the outcome of your case.
Can I Keep My Driver’s License After a DUID Arrest in Nevada?
The immediate concern following a DUID arrest is often whether you’ll be able to keep your driving privileges. Here’s a breakdown of what you can expect regarding your driver’s license post-arrest in Nevada.
Post-DUID Arrest: What Happens to My Driving Rights?
Initially, after a DUID arrest, you’re generally allowed to continue driving until the results of your blood test—determining the presence of drugs—come back. This process could stretch out for several weeks. If the test comes back positive, the DMV will issue a notice of suspension via mail.
Critical Response to a DMV Notice
Upon receiving a notice of suspension, it’s crucial to promptly inform ATAC LAW so that we can contest the suspension by requesting a hearing. You may keep driving during this period and until a DMV hearing judge potentially rules against you. If you don’t challenge the suspension at a hearing, your license will be suspended on the date the DMV letter outlines—typically within a week of notice.
Successive Offenses and License Revocation
Much like DUI offenses, the duration of a license suspension following a DUID escalates with each subsequent conviction within a 7-year span, regardless of whether the substance involved was drugs or alcohol:
- First DUID Offense: Typically, a 185-day revocation, but eligibility for an ignition interlock device might allow immediate driving.
- Second DUID Offense: A 1-year suspension with the possibility of continued driving via an ignition interlock device.
- Third DUID Offense or Felony DUI: A more severe 3-year ban, again with potential relief through an ignition interlock device.
Dual Tracks: DMV and Criminal Cases
It’s important to note that a DUI arrest sets two separate proceedings in motion: one with the DMV and one in the criminal justice system. You must triumph in both to preserve your driving privileges outright. A win in the DMV hearing won’t safeguard you from license revocation if you’re convicted in criminal court.
Is It Possible to Reduce a DUID Charge to Reckless Driving in Nevada?
Facing charges for Driving Under the Influence of Drugs (DUID) can be daunting, but there may be a ray of hope. Specifically, in circumstances where the prosecution’s evidence might not be as strong as required, there’s a potential to negotiate a DUID charge down to reckless driving. But what does this mean for you, and how can ATAC LAW assist?
Potential to Negotiate DUID Charges
The possibility exists, particularly when there’s room to challenge the strength of the prosecution’s evidence. Such a negotiation can pivot a DUID charge to reckless driving, according to Nevada Revised Statutes (NRS 484B.853). This strategic adjustment offers dual advantages for the accused.
Benefits of Reduction to Reckless Driving
- Future DUI Implications
One of the significant benefits of having a first-time DUID charge reduced to reckless driving is how it impacts future charges. Should there be another DUI arrest, it’s treated as a first-time offense rather than a subsequent one in the eyes of the law. - Record Sealing
Another crucial advantage involves the ability to seal a reckless driving conviction from your criminal record relatively quickly. Whereas a misdemeanor DUID conviction necessitates a seven-year wait before it can be sealed, a reckless driving conviction only requires a one-year wait after the case is closed.
How Can I Effectively Contest DUID Charges in Nevada?
Defending against a charge of Driving Under the Influence of Drugs (DUID) can be complex, but with skilled legal support from ATAC LAW, there are proven strategies that have successfully influenced outcomes in favor of the defendant. Here is a breakdown of the most effective defenses:
Timing of Drug Ingestion Versus Driving
Proving that the drug ingestion occurred only after you ceased driving is another potent defense. Whether you started using drugs after being pulled over, or perhaps after exiting the vehicle post-accident, demonstrating this timing can invalidate a DUID charge, as the law targets those who were under the influence while operating the vehicle.
Allegations of Police Misconduct
One critical area of defense is the conduct of the law enforcement officer involved. If the officer lacked reasonable suspicion for the initial traffic stop or administered field sobriety tests incorrectly, these errors could significantly undermine the prosecution’s case. Errors in police procedures often lead to dropping DUID charges.
Questioning the Accuracy of Blood Test Results
The integrity of your blood sample is paramount in a DUID case. ATAC LAW meticulously reviews how your blood was drawn, focusing on the chain of custody and the certification status of laboratory technicians. Any discrepancies or potential compromise in your test results could prompt the prosecutor to dismiss the charge.
Important Consideration
It’s essential to understand that driving seemingly without impairment or safely is not a valid defense against DUID charges. The presence of illegal drug levels in your blood automatically meets the criteria for DUID, irrespective of actual driving performance.
Facing DUID charges requires not just understanding the law but an experienced approach to challenging the prosecution’s evidence and asserting robust defense strategies. ATAC LAW’s rich background in handling DUID cases equips us with the necessary tools and expertise to advocate strongly on your behalf. If you’re facing DUID charges, choosing ATAC LAW means you’re setting up for the best possible defense in Nevada.
For further legal assistance and to discuss your case with an expert, don’t hesitate to contact ATAC LAW.