Las Vegas DUI laws cover more than just alcohol and illicit drugs. They also include legal sleep medications like Lunesta and Ambien. Even if you have a prescription for these substances, if you drive while on them, you can still be charged with DUI.
Nevada Revised Statutes 484C.110, makes it against the law for anyone to operate a vehicle while under the influence of a controlled substance, a combination of a controlled substance and intoxicating liquor, or any chemical, poison, or organic solvent that impairs their ability to drive safely. This includes prescriptions.
Some Examples of this Include:
- Operating a vehicle while in a state of near unconsciousness caused by Lunesta.
- Remaining in a vehicle with the engine running after consuming excessive sleep medication.
- Driving a motor vehicle after consuming an excessive amount of Ambien pills.
Defenses
Some defenses to DUI charges from sleeping pills include:
1.1.No Probable Cause
Police officers cannot typically stop you based solely on suspicion of driving under the influence (DUI). They must have a valid reason, such as observing a traffic violation or another offense. If your defense attorney can demonstrate that the police lacked probable cause to pull you over, the court may dismiss your case completely.
1.2.Not under the Influence
The term “under the influence” holds a specific meaning legally. Therefore, you have the right to challenge any charges against you by proving that you were legally not under the influence or impaired while driving. For example, if you had taken sleeping medication but could still drive with your usual level of awareness.
1.3.Ambien Defense
The Ambien defense is utilized on occasion to dispute a sleep-driving accusation.
This defense is an argument that you should not be held accountable for a DUI charge because you were either asleep or in an unconscious state when committing the offense. Unconsciousness, legally, is a total defense if proven.
This defense may not be particularly compelling for prescription medication. Individuals prescribed sleeping either choose to become unconscious or are aware of the potential side effects, such as sleep-driving, yet still take them.
Penalties
Under Nevada law, a sleeping pill DUI is considered a misdemeanor offense rather than a felony. The punishment for this can include:
- Installation of an IID (interlock ignition device)
- Suspension or revocation of the individual’s driver’s license
- Completion of a drug abuse treatment program Attending a victim impact panel
- Attending and completing DUI school
- 24 to 96 hours of community service or 2 to 6 months of jail time
- Fines between $400 to $1,000
The DUI penalties mentioned above are applicable for both illegal drugs and alcohol. Additionally, the severity of the penalties increases if the crime is committed multiple times.
Seven years following your conviction, you can attempt to seal the DUI. Related Offenses
Three types of criminal charges are associated with driving under the influence of sleeping pills. These include:
- NRS 453.411- Being under the influence of a controlled substance
- NRS 484B.653- Reckless driving
- NRS 484C.110- DUI of prescription medication
NRS 453.411- Being under the Influence of a Controlled Substance
According to NRS 453.411, driving after consuming an illegal drug or being discovered under the influence of a controlled substance is against the law. This offense is usually categorized as a misdemeanor, similar to a DUI charge involving sleep medication.
NRS 484B.653- Reckless Driving
According to NRS 484B.653, reckless driving is considered a crime when a person operates a vehicle with intentional or reckless disregard for the safety of others or property. In some cases, a prosecutor may agree to downgrade a DUI charge involving Ambien in Nevada to a reckless driving charge.
NRS 484C.110- DUI of Prescription Medication
According to NRS 484C.110, driving under the influence of prescription drugs is considered drunk driving and is punishable by law. The penalties are usually similar in the case of being convicted of DUI while on sleeping medication.