DUI Prescription Painkillers – NRS 484C.110

Overview

Driving Under the Influence (DUI) of prescription painkillers is a serious offense under Nevada Revised Statute (NRS) 484C.110. This law addresses the illegal operation of a motor vehicle while impaired by legally prescribed medications, including opioids and other narcotics. Understanding the implications of this statute is crucial for drivers, healthcare professionals, and individuals facing DUI charges related to prescription painkillers.

Definition of DUI Prescription Painkillers

Under NRS 484C.110, “driving under the influence” includes operating a motor vehicle while impaired by prescription medications, specifically painkillers. Key components 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 painkillers. Signs of impairment can include slowed reaction times, poor coordination, drowsiness, and erratic driving behavior.
2. No Specific Limit: Unlike alcohol, there is no specified legal limit for prescription painkillers in terms of blood concentration. Impairment can occur at different levels, making it essential for law enforcement to assess each situation based on observable impairment.
3. Types of Painkillers: The statute applies to any prescription medication that can impair driving ability, including opioids (such as OxyContin, morphine, and codeine) and other controlled substances.

Legal Requirements for Prosecution

To secure a conviction for DUI prescription painkillers 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 Painkillers: The prosecution must demonstrate that the individual’s ability to drive was impaired as a result of consuming prescription painkillers. 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 prescription painkillers affect driving does not typically serve as a valid defense.

Related Offenses

DUI prescription painkillers is associated with several other offenses, including:

• Driving Under the Influence – NRS 484C.110: The general law governing DUI offenses 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 alongside 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 painkillers.

Examples of DUI Prescription Painkillers Offenses

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

• Example 1: A driver takes prescription opioids for chronic pain management and then decides to drive. If stopped and displaying signs of impairment, they can be charged with DUI.
• Example 2: An individual consumes a higher dose of a prescribed painkiller than recommended and then operates a vehicle. If pulled over and found to be impaired, they can face DUI charges under NRS 484C.110.

Penalties for DUI Prescription Painkillers

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 Painkillers

If you are facing DUI charges under NRS 484C.110 due to prescription painkiller 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 painkillers, 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 painkillers, can be a defense strategy.

The Importance of Legal Representation

Navigating the complexities of DUI prescription painkiller 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 painkillers, 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 painkillers 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.