In Nevada, if you are caught driving under the influence of drugs like cocaine, methamphetamine, or codeine, you can be charged with DUID. The penalty for this crime is similar to that of a DUI of alcohol.
Those who are first-time misdemeanor offenders can avoid jail time by paying the fines, attending DUI School, and participating in a victim impact panel. They may also continue driving if they install an ignition interlock device in their vehicles.
Regardless of whether the drugs are legal or prescribed by a doctor, driving under the influence of drugs is illegal in Nevada. Unlike suspected drunk drivers, suspect drivers under the influence of drugs must undergo a blood test instead of being given the choice of a breath test. If non-prescribed narcotics are found in the vehicle, the suspected drugged drivers may also face additional charges like unlawful drug possession (NRS 453.336).
1. Driving Under the Influence of Drugs in Nevada Explained
Nevada has three legal definitions of driving under the influence of a controlled substance. The first definition is when a person is under the influence of a controlled substance.
The second definition is when a person is under the combined influence of intoxicating liquor and a controlled substance.
The third definition is when a person inhales, ingests, applies, or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders the person incapable of safely driving or exercising actual physical control of a vehicle.
| Prohibited Substance | Blood (nanograms/ milliliter) | Urine (nanograms/ milliliter) |
| Phencyclidine | 10 | 25 |
| Methamphetamine (Meth) | 100 | 500 |
| Marijuana metabolite | 5 | None |
| Marijuana | 2 | None |
| Lysergic acid diethylamide | 10 | 25 |
| 6-monoacetyl morphine | 10 | 10 |
| Morphine | 50 | 2,000 |
| Heroin | 50 | 2,000 |
| Cocaine metabolite | 50 | 150 |
| Cocaine | 50 | 150 |
| Amphetamine | 100 | 500 |
It is illegal to drive a vehicle with a minimum amount of drugs present in the urine or blood, regardless of the type of substance. This applies to illegal drugs, over-the-counter drugs like Nyquil, and legal medications like Vicodin or Ambien.
It is important to note that driving under the influence of any substance can impair the driver’s ability to control the car and is considered unsafe.
2. Are Blood Tests Mandatory After Being Arrested?
In Nevada, individuals suspected of driving under the influence of drugs (DUID) are obligated to provide a blood sample after being arrested. Unlike the breathalyzer that only measures blood alcohol content (BAC), DUID suspects cannot opt for a breath test.
Law enforcement officers may conduct field sobriety tests (FSTs) and a preliminary breath test (PBT) when stopped. If a driver fails FSTs but passes the breathalyzer test, it may indicate to the police that the driver is under the influence of drugs not detectable by the breathalyzer test. If this happens, officers with specialized training in drug recognition evaluation (DREs) will take over the investigation.
When a person is pulled over on suspicion of DUID, they are considered to have given their implied consent to submit to a blood and/or urine test. Refusal to take the test will result in the confiscation of their driver’s license, and the police may (with a warrant) use reasonable force to have the test administered by a medical professional. Furthermore, a refusal to take the test can be used as evidence against the defendant at trial.
3. Will You Go to Jail?
It is uncommon for first-time DUID offenders in Nevada to end up in jail. However, someone with multiple convictions will be required to serve jail time unless accepted into the DUI Court rehabilitation program.
The penalties for DUID are similar to those for drunk driving, and they become more severe with each subsequent offense. It is worth noting that past offenses involving alcohol instead of drugs are also considered. Listed below are some penalties for DUID in Nevada:
| DUID Offense (Within 7 Years) | Criminal Sentence in Nevada |
| First-time DUI | Misdemeanor: 2 days to 6 months of jail time or 48 to 96 hours of community service. Driver’s license suspension for 185 days. However, you can drive after installing an IID in your vehicle.Attending a victim impact panel.Fines between $400 and $1,000, including court fees.Attending and completing DUI School. |
| Second-time DUI | Misdemeanor: 10 days to 6 months in jail or residential confinement.Driver’s license suspension or revocation for one year.Attending a drug/alcohol dependency evaluation Attending a victim impact panel.Fines between $750 and $1,000 The accused can possibly do a Misdemeanor DUI Court instead of prison. |
| Third-time DUI | Category B Felony: Attending and completing a drug and alcohol evaluation.Driver’s license revocation or suspension for three years.Attending a victim impact panel.Fines between $2,000 and $5,0001 to 6 years of jail time in Nevada State PrisonThe accused can possibly do Felony DUI Court instead of prison. |
| NRS 484C.430 (DUI causing death or severe bodily injury) | Category B Felony: Driver’s license suspension or revocation for three yearsFines between $2,000 and $5,0002-20 years of prison time If a driver has had three or more DUI convictions in the past, then a fatal DUI will be considered vehicular homicide (NRS 484C.440), which is a category A felony. The prison sentence for this offense is increased to a life sentence (twenty-five years), and the individual will not be eligible for parole until after ten years. |
4. Will You Lose Your Nevada Driver’s License?
Individuals who are arrested for DUID in Nevada are typically allowed to continue driving until their blood test results come back positive, which can take weeks.
Upon receipt of the DMV’s notification, defendants should immediately consult with their attorney to request a hearing to dispute the suspension. Failure to request a hearing will result in the license revocation or suspension beginning on the specified date in the letter, typically within 7 days.
The duration of a DUID license suspension is the same as that of DUI cases and increases with each subsequent offense, regardless of whether previous offenses involved alcohol or drugs.
| DUI Offense (Within 7 Years) | Duration of Driver’s License Revocation |
| 1st time DUI offense | 185-day driver’s license suspension. However, individuals can drive after installing an IID in their vehicle. |
| 2nd time DUI offense | 1-year driver’s license suspension. However, individuals can drive after installing an IID in their vehicle. |
| 3rd DUI or felony DUI offense | 3-year driver’s license suspension. However, individuals can drive after installing an IID in their vehicle. |
It’s important to remember that a DUI arrest leads to two cases: one criminal case and one administrative hearing with the DMV. Winning the DMV case alone won’t prevent a license revocation if the criminal case is lost. In fact, you must win both cases to avoid a license suspension.
5. Can a DUID Charge Get Reduced to a Reckless Driving Charge?
Yes, you can possibly get a 1st-time DUID reduced to reckless driving, especially if the defense attorney can prove that the state has provided insufficient evidence.
This reduction has two main advantages. Firstly, any subsequent arrest for DUI will be considered a 1st-time offense, not a successive one. Secondly, a reckless driving conviction can be sealed from the defendant’s criminal record after only one year, whereas misdemeanor DUIDs will appear on the defendant’s record for 7 years.
6. How Can Someone Fight DUID Charges in Nevada?
In DUI cases involving drugs, three potential defenses can be used depending on the specific circumstances and available evidence. These include:
6.1.No DUID
The defendant may have taken drugs after the accident or after being stopped by the police, and if the defense attorney can prove that the drug use happened after the defendant stopped driving, then the DUID charge cannot be upheld.
6.2.Inaccurate Blood Results
Criminal defense lawyers thoroughly examine the blood draw process, including the certification status of lab technicians and the proper handling of samples. In case of any doubt regarding the accuracy of the blood test results, the prosecutor may consider dismissing the charge.
6.3.Police Misconduct
There are situations where a DUID charge can be dropped due to police errors. For instance, if the field sobriety tests were improperly administered or the police officer lacked reasonable suspicion to initiate the traffic stop, then these mistakes could be grounds for dismissing the charge.
It’s important to understand that simply driving safely and not appearing impaired is not a valid defense for a DUI charge. If drivers have illegal drugs in their system, they can still be charged with DUID.
7. Will Immigrants Be Deported After Committing DUID?
It is typically not considered a deportable offense to drive while under the influence. However, if drugs are involved, the situation becomes less clear. For this reason, individuals who are not citizens and facing charges related to drug-impaired driving should seek assistance from a skilled attorney to help them fight their DUID charges.
8. When Can Someone Get Their Record Sealed?
In Nevada, a DUID misdemeanor conviction can be sealed after seven years of the case closing. However, if the conviction is a felony, it will permanently remain on the person’s record. On the other hand, any dismissed charges can be sealed right away.