Drugged driving involves operating a motor vehicle while under the influence of a drug such as a prescription medication. In Nevada, a person can be found guilty of drugged driving if two things occur. The first thing is a person is found behind the wheel of a motor vehicle. This is called being in physical control of a motor vehicle. It does not matter if a person is actually driving the vehicle or not. The second is the person is suspected of ingesting a controlled substance such as alcohol or drugs.

Why Was I Charged with DUI in Nevada If I Took Over-The-Counter Medication?

Nevada has a per se law prohibiting anyone from operating a motor vehicle with any type of measurable amount of drugs in their system. It does not matter if the drugs are illegal or legally obtained over the counter. Drugs are measured by nanograms in the blood or urine.

What Are Some Over-The-Counter Medications That Can Impair My Driving?

Too much of any over-the-counter medication can impair a person’s ability to drive. Some over-the-counter medications include:

  • Decongestants: Common side effects include drowsiness, anxiety, and dizziness
  • Antihistamines: Commonly causes a slow reaction time and impaired coordination
  • Pain relievers: Commonly impairs a person’s ability to drive

What Is the Punishment for a Drugged DUI in Nevada?

A person’s first conviction for drugged driving is a misdemeanor. The punishment for this crime is:

  • 48 hours to six months in jail
  • $1,000 fine
  • 90-day driver’s license suspension
  • Eight hours of driving school
  • Attendance at a Victim Impact Panel
  • Installation of a Breathe Interlock Device on the person’s vehicle for three months

Are Penalties Tougher for a Second DUI?

Yes. Penalties for a second dui conviction in a seven-year period include more jail time, including a minimum of 10 days in county jail, and a longer period of suspension for your license.

Should I Contact an Attorney about My Over-the-Counter Drugged Driving Case?

Legal representation is important if you want to avoid the harshest possible sentence for a drug DUI. Contact a Nevada DUI/DWI attorney immediately about fighting your over-the-counter drugged driving case.