818 S Casino Center Blvd
Las Vegas, NV 89101

Available 24 hours / 7 days a week

DUI Drug Lawyer in Las Vegas

Subsection 2 of NRS 484C.110 addresses driving under the influence of drugs including illegal drugs, narcotics, chemical substances, controlled substances, or prescription medications. Many of the elements of driving or being in actual physical control of a vehicle on a highway or premises to which the public has access are identical for alcohol and drugs. Some laws, however, are unique to DUI drug cases.

Nevada has sought to reduce the consequences of drugged driving on the roadways through increased training for law enforcement officers in identifying drivers under the influence of drugs and the enactment of per se laws for impairment. The per se standards make it illegal to drive a vehicle after taking illegal drugs when certain concentrations of the substances are found in the blood regardless of whether any impairment is proven at trial. Alternatively, even if you refused a blood test after the DUI arrest, the prosecutor can attempt to prove actual impairment even without a blood test reading.

If you were arrested for driving while under the influence of drugs or a combination of drugs and alcohol, then contact an experienced DUI attorney at Gallo Law Office. James Gallo is an experienced Las Vegas DUI lawyer who will seek every available defense to fight the charges against you. Call (702) 385-3131 today to set up a free consultation.  We represent clients in Clark County, including Las Vegas, North Las Vegas and Henderson, Nevada.

Article last updated on Friday, May 15, 2015.


Nevada's Drugged Driving Laws

Las Vegas Metropolitan Police Department (also known locally as “Metro” or the “LVMPD”) has a traffic section. Within the traffic section the TARGET DUI Unit which prepares submittals for prosecution on all DUI arrests. The traffic section of the LVMPD also includes the Accident Investigation Detail which consists of both the Hit & Run team.

According to statistics cited by the LVMPD, in 2007, a NHTSA study found that one in eight weekend, nighttime drivers tested positive for illicit drugs. Additionally, FARS data from 2009 shows that one in three motor vehicle fatalities (33%) involve a known drug test result that is positive for drugs. Because of these and similar findings and the influx of federal grant money, the Las Vegas Metropolitan Police Department and other areas law enforcement agencies have dramatially increased training in Clark County, Nevada, in identifying drugged drivers.

On the prosecution side, Nevada has enacted per se laws to “facilitate” effective enforcement and prosecution of those who drive with drugs in their systems. In many ways, the zero tolerance policies cause absurd results. A person who shows no impairment could theoretically be prosecuted for DUI merely because of the presence of an arbitrarily set amount of controlled substances in the body even when those drugs were taken legally or as prescribed by a doctor.

Through the enactment of NRS 484.379, Nevada created a Zero Tolerance policy for specified amounts of prohibited substances (including “controlled substances,” narcotics, and prescription medications). Under Nevada law, it is a crime for any person who is under the influence of any controlled substance, or who inhales, ingests, applies, or otherwise uses any chemical,  poison, or organic solvent, or any compound; combination of any of these, to a degree which renders him incapable of safely driving or exercising actual physical control of a vehicle to drive or be in actual physical control of a vehicle on a highway or on premises to which the public has access.

Click here to read an article about DUI marijuana charges in Las Vegas Nevada. Many of these cases involve related charges of possession of marijuana, possession of a controlled substance or possession of drug paraphernalia.


Drugged DUI with a Prescription in Nevada

Under Nevada Revised Statute Section 484C.110(2)(c), the fact that a driver had a prescription for medication is not necessarily a defense to a charge of driving under the influence of that medication. Nevertheless, it is certainly helpful for the defense to show that a defendant's blood test merely show that he used a prescription drug within a set therapeutic level. Because of tolerance to the medication over time, if the person remains within therapeutic levels there should be no actual impairment in most cases.

Often an expert can be retained to show that the driver used the drug as directed by his doctor. The expert can often testify about the therapeutic ranges for various drugs and prescription medications and show that taking the medication within that therapeutic range would not cause impairment because of the facts in that particular case.


Info Center for DUI - Drugs Charges


Back to top

NRS 484C.110(2) – Nevada’s DUI Drug Charges

NRS 484C.110(2) provides that is unlawful to:

  • drive under the influence of a controlled substance;
  • drive under the influence of a controlled substance and alcohol; or
  • use any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders him incapable of safely driving or exercising actual physical control of a vehicle.

Back to top

NRS 484C.110(3) – Nevada’s DUI Drug Per Se Charges

Additionally, NRS 484C.110(3) provides it is unlawful to drive with certain drugs at certain levels in the blood. Subsection 3 of NRS 484C.110 creates a per se drug offense for certain types drugs. The fact that any person charged with a violation of this subsection is or has been entitled to use that drug under the laws of this state is not a defense against any charge of violating this subsection.

Under NRS 484C.110(3) it is unlawful for any person to drive or be in actual physical control of a vehicle on a highway or on premises to which the public has access with an amount of a prohibited substance in his blood or urine that is equal to or greater than:

Prohibited substance

Urine - Nanograms per milliliter     

Blood - Nanograms per milliliter     

Marijuana

10

2

Marijuana metabolite

15

5

Amphetamine

500

100

Cocaine

150

50

Cocaine metabolite

150

50

Heroin

2,000

50

Morphine

2,000

50

6-monoacetyl morphine

10

10

Lysergic acid diethylamide (LSD)

25

10

Methamphetamine

500

100

Phencyclidine

25

10


Back to top

Finding a Drugged Driving Attorney in Las Vegas, NV

Call James C. Gallo to discuss the allegation that you drove while under the influence of drugs in Las Vegas or Clark County. At Gallo Law Office, we represent clients throughout Las Vegas, North Las Vegas, Henderson, and Boulder City, NV. Many of these cases involve the analysis of a blood test result or a urine test result. As an experienced Las Vegas DUI Defense Attorney, James C. Gallo knows the best strategies and procedures to fight these types of complex cases.

Whether your case is for a first lifetime DUI accusation, or whether this is a second or subsequent arrest, find an experienced attorney to help you fight the charges. Call (702) 385-3131 for more information.