DUI Drugs – NRS 484C.110

Overview

Driving Under the Influence (DUI) of drugs is a serious offense under Nevada Revised Statute (NRS) 484C.110. This statute encompasses the illegal operation of a motor vehicle while impaired by controlled substances, whether illegal drugs or prescription medications. Understanding the implications of this law is crucial for drivers, law enforcement, and individuals facing DUI charges related to drug use.

Definition of DUI Drugs

Under NRS 484C.110, “driving under the influence” includes operating a motor vehicle while impaired by:

1. Illegal Drugs: Substances that are prohibited by law, including narcotics, stimulants, and hallucinogens.
2. Prescription Medications: Legally prescribed drugs that may impair a person’s ability to drive safely, such as opioids, benzodiazepines, and sleep aids like Ambien.
3. Over-the-Counter Medications: Certain over-the-counter medications can also impair driving ability and lead to DUI charges if they cause impairment.

Legal Requirements for Prosecution

To secure a conviction for DUI drugs under NRS 484C.110, the prosecution must prove several elements beyond a reasonable doubt:

1. Operation of a Vehicle: The accused must have been operating a motor vehicle on a public road or highway.
2. Impairment: The prosecution must demonstrate that the individual’s ability to drive was impaired due to the influence of drugs. This impairment can be proven through field sobriety tests, chemical tests (blood or urine), or observable behavior.
3. Knowledge of Impairment: While the prosecution must show that the individual was impaired, ignorance of how drugs affect driving does not typically serve as a defense.

Related Offenses

DUI drugs is associated with several other offenses, including:

• Driving Under the Influence – NRS 484C.110: General DUI law that encompasses impairment by any substance, including both alcohol and drugs.
• Possession of Controlled Substances – NRS 453.336: Involves the illegal possession of drugs, which may be charged in conjunction with DUI offenses.
• Reckless Driving – NRS 484B.653: Engaging in dangerous driving behavior that may also lead to DUI charges if caused by drug impairment.

Examples of DUI Drugs Offenses

To illustrate how NRS 484C.110 applies to drug use, consider these examples:

• Example 1: A driver takes prescription pain medication before going out for the evening. They are stopped for erratic driving, and a subsequent blood test reveals the presence of the medication, leading to DUI charges.
• Example 2: An individual smokes marijuana and then decides to drive home. If pulled over and displaying signs of impairment, they can be charged with DUI under NRS 484C.110.

Penalties for DUI Drugs

The penalties for DUI under NRS 484C.110 can vary based on factors such as prior offenses and the specifics of the case:

• First Offense:
  • Misdemeanor:
    • Fines: $400 to $1,000.
    • Jail Time: Up to 6 months.
    • License Suspension: 90 days.
• Second Offense:
  • Misdemeanor:
    • Fines: $750 to $1,500.
    • Jail Time: 10 days to 6 months.
    • License Suspension: 1 year.
• Third Offense:
  • Category B Felony:
    • Fines: $2,000 to $5,000.
    • Imprisonment: 1 to 6 years.
    • License Suspension: 3 years.
• Additional Penalties: Offenders may also be required to complete DUI education programs, install ignition interlock devices, or fulfill community service requirements.

Defenses Against DUI Drug Charges

If you are facing DUI charges under NRS 484C.110 due to drug use, several defenses may apply:

1. Improper Stop: If law enforcement did not have probable cause to stop the vehicle, any evidence obtained may be inadmissible in court.
2. Faulty Testing: Challenges to the accuracy of drug tests can be raised if there were issues with the equipment or administration of the tests.
3. Medical Conditions: Certain medical conditions or reactions to medications can affect how individuals respond to drugs, potentially leading to a valid defense.
4. Lack of Impairment: Demonstrating that the driver was not impaired at the time of the stop, even if they had consumed drugs, can be a defense strategy.

The Importance of Legal Representation

Navigating the complexities of DUI drug charges requires knowledgeable legal representation. Josh Tomsheck is a board-certified criminal trial attorney and registered specialist in criminal trial law with the State Bar of Nevada. His extensive experience in handling DUI cases equips him to provide a robust defense against charges under NRS 484C.110.

As a Life Member of the National Association of Criminal Defense Lawyers and a Mountain State’s Super Lawyer, Josh has a proven record of achieving favorable outcomes, including numerous complete dismissals and acquittals at trial. His commitment to protecting the rights of clients and understanding the intricacies of Nevada’s legal landscape make him a strong advocate in cases involving DUI drugs.

Understanding Your Rights

If you are accused of DUI drugs, understanding your rights is crucial. Having experienced legal representation can help ensure that you navigate the legal process effectively and protect your interests.

For more information about defending against DUI drug charges under NRS 484C.110 in Las Vegas, contact the law firm of Hofland & Tomsheck to schedule a free consultation. Call (702) 895-6760 today to discuss your case and explore your legal options.