In Nevada, driving can be a daily necessity, but it comes with significant responsibilities, especially when prescription medications are involved. Many Nevadans might wonder, “Can I get a DUI for driving after taking my prescribed painkillers?” The simple answer from ATAC LAW is yes, you can—and the consequences can be severe.
In the state of Nevada, operating a vehicle under the influence of prescription painkillers constitutes a DUI offense. This holds true even if you’re taking medication as your doctor prescribed. At ATAC LAW, we understand that this can be a confusing aspect of law for many—and it’s an area we’re ready to provide clarity and legal support.
Can You Get Arrested for Driving on Prescription Painkillers in Nevada?
Driving under the influence of prescription painkillers is deemed a serious criminal offense in Nevada, applicable to all motorists, including those on motorcycles. It’s important to understand that impairment caused by prescription medications, even with a valid prescription, is treated with the same severity as alcohol impairment when behind the wheel.
For instance, let’s explore the situation of Laura who lives with chronic back pain. Laura has been prescribed Percocet to manage her pain and normally adheres to her dosing schedule. However, one morning, she accidentally consumes an extra pill, leading to impairment during her commute. Despite Laura’s unintended overdose, her difficulty in maintaining her lane could result in her arrest for driving under the influence of prescription drugs, potentially leading to detainment at the local detention center.
The law makes no exceptions for unintentional consumption in such scenarios. Operating a vehicle while impaired by any pain medication constitutes a drug-impaired driving offense.
Prescription medications commonly linked to driving impairments include:
- Combinations of Hydrocodone and Acetaminophen, such as Lortab and Vicodin
- Codeine
- OxyContin
- Celebrex
- Demerol
- Medical Marijuana
- DUI Laws Involving Medical Marijuana
Nevada law also categorizes driving under the influence of medical marijuana as a DUI related to prescription painkillers. Motorists with two or more DUI convictions within seven years face enhanced scrutiny and legal consequences if found driving with specific concentrations of marijuana or its metabolites in their bloodstream.
Blood Testing in DUI Cases
Should a Nevada law enforcement officer suspect impairment, they’re likely to request you undergo preliminary breath tests and field sobriety tests. While participation is not mandatory, failure or refusal of these tests can lead the officer to suspect drug impairment. Following an arrest, a legally mandated blood test is required. Resistance to this test can result in forceful compliance by law enforcement and will likely have negative implications for your case should it go to court.
What Are the Consequences of Being Convicted for DUI Due to Prescription Painkillers in Nevada?
Driving under the influence of prescription painkillers in Nevada carries the same legal consequences as driving while intoxicated by alcohol. The severity of penalties increases with each DUI offense within a seven-year period and is even more severe if the offense results in serious injury or death to another person.
Consequences for a First-Time DUI Offense Within Seven Years:
- Jail time ranging from 2 days to 6 months, though courts often offer a 6-month suspended jail sentence.
- Mandatory enrollment in an alcohol education program, also known as Nevada DUI School, which incurs a fee and can be completed online.
- Fines between $400 and $1,000, in addition to court costs. Specific fines in the Las Vegas Justice Court are set at $685 and at $810 in the Las Vegas Municipal Court.
- Attendance at a Victim Impact Panel, typically requiring in-person attendance and a separate fee.
- A 185-day suspension of one’s driver’s license, with the possibility of obtaining a restricted license that allows for the use of an ignition interlock device.
It’s worth noting that offenses committed in work zones could see the penalties doubled.
Consequences for a Second-Time DUI Offense Within Seven Years:
- Incarceration of 10 days to 6 months.
- Fines ranging from $750 to $1,000.
- A mandatory Victim Impact Panel.
- An evaluation for alcohol or drug dependency, costing around $100.
- Required use of an ignition interlock device.
- A one-year driver’s license suspension with the potential for conditional driving privileges.
- The possibility of being ordered to an intensive treatment program in lieu of jail time.
Consequences for a Third-Time DUI Offense Within Seven Years:
- Prison sentences range from 1 to 6 years.
- Fines of $2,000 to $5,000.
- Suspension of the driver’s license for three years, with conditional privileges available.
- Mandatory enrollment in an intensive substance abuse treatment program, potentially as an alternative to incarceration.
DUI Causing Injury or Death:
- A prison sentence of 2 to 20 years.
- Fines between $2,000 and $5,000.
- Required use of an ignition interlock device.
Notably, individuals with three prior DUI convictions who cause a death while driving under the influence can be charged with vehicular homicide, facing between 25 years to life in prison, with parole possible after 10 years.
The Potential for Plea Bargains:
Under certain circumstances, the defense attorney from ATAC LAW might negotiate a charge reduction from DUI to reckless driving. This alternative can be beneficial as it is less stigmatizing, potentially avoidable on public records sooner, and does not escalate the severity of future DUI charges. However, Nevada law generally restricts the dismissal of DUI charges unless significant evidentiary issues exist.
What Are Effective Legal Defenses Against DUI Prescription Painkiller Charges in Nevada?
Facing a charge for driving under the influence (DUI) of prescription painkillers in Nevada can be a daunting experience, similar to being accused of drunk driving. However, there are several strategic defenses that can potentially lead to a reduction or dismissal of charges, guided by experienced legal representatives from ATAC LAW.
Common Defenses Against DUI Prescription Painkiller Charges:
- Unawareness of Meditation’s Effects: Though not a direct defense against DUI charges, demonstrating that there was a lack of warning about the medication’s impairing effects might influence the prosecution’s willingness to reduce or dismiss the charges. It underscores that the defendant had no knowledge that their driving could be impaired by the medication, potentially swaying the decision in their favor.
- Lack of Probable Cause for the Traffic Stop: For a traffic stop to be lawful, especially in cases leading to DUI charges, officers must have “probable cause,” such as witnessing a traffic violation or erratic driving behavior. Without clear evidence of such cause, any obtained evidence might be inadmissible, potentially resulting in the dismissal of the DUI charge.
- Challenges to Blood Testing Procedures: One of the primary defenses hinges on the integrity of the blood test. If the equipment used for testing was faulty or if the blood samples were contaminated or mishandled in any way, the test results may be deemed unreliable. Even an expired certification of the drug testing technician can be grounds to contest the DUI charge successfully.
- Timing of Painkiller Consumption: If there is credible evidence that the accused did not consume the prescription painkillers until after they had ceased driving, this can render the prosecution’s case invalid. Proving that the influence of the medication started only post-stop can lead to the charges being dropped, as the timing directly affects the legality of the influence allegations.
Penalties for DUI Prescription Painkillers in Nevada
The penalties for a DUI due to prescription painkillers mirror those applied to alcohol-related DUIs, with the severity escalating with each subsequent offense within a seven-year timeframe. Nevada law also imposes sterner punishment if the DUI incident resulted in significant injury or death. This progression in penalties underscores the importance of understanding one’s legal rights and the potential defenses that can be employed to contest such charges.
A DUI charge involving alcohol leads to the immediate confiscation of the driver’s license by the arresting officer. However, in drug-related DUI cases, such as those with prescription medications, the Nevada DMV waits for blood test results before any license suspension actions. This process can sometimes extend over several weeks or months. The “Penalties” section below outlines the durations for driver’s license suspensions under these circumstances.
Understanding your obligations and the potential consequences of driving under the influence of prescription painkillers is critical. If facing charges or anticipating legal complexities relating to DUI of prescription drugs, consulting with ATAC LAW can provide the necessary guidance and support to navigate through these legal challenges.
For further legal assistance and to discuss your case with an expert, don’t hesitate to contact ATAC LAW.