Driving under the influence (DUI) refers operating a motor vehicle while under the influence of alcohol. In some jurisdictions, operating a motor vehicle while intoxicated only refers to driving while under the influence of alcohol. In Nevada, DUI includes being in physical control of a motor vehicle while drunk or high on drugs.
What Is the Legal Amount of Alcohol I Can Have in My System in Nevada?
The legal blood alcohol concentration (BAC) level is 0.08 percent in Nevada. This means that a person with a BAC level at or above 0.08 percent is guilty of a DUI if they are also in control of a motor vehicle at the same time.
Do They Determine Drugged Driving the Same Way They Determine a BAC Level in Nevada?
No. The way that a BAC level is measured is not the same way that the amount of drugs in a person’s body is measured. Instead, Nevada has an “allowable amount” of drugs in a person’s body. Any percentage of drugs over the allowable limit may be considered drugged DUI. For example, having 200 nanograms of cocaine in one’s system while driving would be having over the permissible limit. This is because Nevada set the allowable amount of cocaine of urine as 150 nanograms and 50 nanograms in blood.
Can I Still Get in Trouble If I Have Drugs in My System Under the Allowable Amount?
Yes. The state has a per se law prohibiting a person who has consumed drugs, but not over the limit, from operating a motor vehicle. As long as a person’s ability to operate a motor vehicle is impaired, they can be charged with Drugged DUI.
What Is the Punishment for Drugged Driving in Nevada?
Drugged driving has the same criminal punishment in Nevada as drunk driving. The amount of time depends on the number of DUI convictions a person has. The first time that a person is charged with drugged driving, the charge is a misdemeanor. The punishment for this is:
- 48 hours to six months in jail
- 200 hours of community service
- License suspension
- $1,000 fine
Do I Need an Attorney for My Drugged Driving Case?
It is essential that you have legal representation to defend yourself against a DUI charge. Contact a Nevada DUI/DWI attorney for help resolving your case.