Driving under the influence of drugs is still referred to as a DUI in Nevada. It shares the same punishment as driving under the influence of alcohol. However, the blood alcohol concentration (BAC) level of 0.08 percent is not used to determine if a person is under the influence at the time they were accused of drugged driving like it is for a person who is accused of drunk driving.
What Is the Law Regarding Drugged Driving?
According to Nevada law, it is illegal to be in physical control of a motor vehicle while under the influence of any drug to the point where your driving is impaired. To be in physical control of a motor vehicle means to be in the driver’s seat at the time of a person being suspected of DUI. To be under the influence of any drug means the drug could be an illegal substance, prescription drug, or over-the-counter medication.
Will I Face the Same Punishment for a Drugged DUI as Someone Convicted of Drunk Driving?
Yes. Nevada has the same DUI penalty regardless of whether the person was drinking and driving or drugged and driving for every conviction. For example, a first drugged driving conviction is as misdemeanor, the same as a first drunk driving conviction. The punishment for both of these crimes is:
- 48 hours to six months in a county jail
- $1,000 fine
- 90-day driving license suspension
What Is the Punishment for a Second Drugged DUI Conviction?
While a second DUI in a seven-year period is still a misdemeanor, the punishment is harsher for a second conviction than a first conviction. The punishment for a second DUI conviction in Nevada is:
- 10 days to six months in county jail
- $1,000 fine
- Court costs
- Suspended license for one year
- 200 hours of community service
- Mandatory attendance to a Victim Impact Panel
- Installation of a Breath Interlock Device in the defendant’s car
Can a Lawyer Help Me with My Second Drugged Driving Charge?
A second drugged driving charge will leave you facing a severe punishment if you do not have good legal representation. If you are accused of drugged driving, contact a DUI/DWI lawyer immediately for help.