DUI Prescription Drugs – NRS 484C.110

Overview

Driving Under the Influence (DUI) of prescription drugs is a significant offense under Nevada Revised Statute (NRS) 484C.110. This statute addresses the illegal operation of a motor vehicle while impaired by legally prescribed medications. Understanding the legal implications of this law is essential for drivers, healthcare professionals, and individuals facing DUI charges related to prescription drug use.

Definition of DUI Prescription Drugs

Under NRS 484C.110, “driving under the influence” includes operating a motor vehicle while impaired by prescription medications. Key elements of the law include:

1. Impairment: A person is considered to be driving under the influence if their ability to operate a vehicle is compromised due to the effects of prescription drugs. This impairment may manifest as slowed reaction times, poor coordination, or erratic driving behavior.
2. No Specific Limit: Unlike alcohol, there is no specified legal limit for prescription drugs. A driver can be charged with DUI based on observable impairment, regardless of the amount of medication in their system.
3. Types of Prescription Drugs: The statute applies to any medication that can impair driving ability, including opioids, benzodiazepines, antidepressants, and other controlled substances.

Legal Requirements for Prosecution

To secure a conviction for DUI prescription 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 Due to Prescription Drugs: The prosecution must demonstrate that the individual’s ability to drive was impaired as a result of consuming prescription medication. This can be established through field sobriety tests, chemical tests (blood or urine), or law enforcement observations.
3. Knowledge of Impairment: While the prosecution must show that the individual was impaired, ignorance of how the prescription drug affects driving does not typically serve as a valid defense.

Related Offenses

DUI prescription 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 prescription medications.
• Possession of Controlled Substances – NRS 453.336: Involves the illegal possession of prescription drugs without a valid prescription, 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 impairment from prescription drugs.

Examples of DUI Prescription Drugs Offenses

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

• Example 1: A driver takes prescribed opioids for pain management and decides to drive. If stopped and exhibiting signs of impairment, they can be charged with DUI.
• Example 2: An individual takes a sedative prescribed for anxiety and subsequently drives. If pulled over for erratic driving and found to be impaired, they can face DUI charges under NRS 484C.110.

Penalties for DUI Prescription 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 Charges Involving Prescription Drugs

If you are facing DUI charges under NRS 484C.110 due to prescription 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 the testing process.
3. Medical Conditions: Certain medical conditions or interactions with medications can affect how individuals respond to prescription 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 prescription medications, can be a defense strategy.

The Importance of Legal Representation

Navigating the complexities of DUI prescription 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.

Understanding Your Rights

If you are accused of DUI involving prescription 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 charges involving prescription drugs 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.