Vicodin is one of the most commonly prescribed pain management medications. However, not many individuals know that drivers in Nevada can get arrested for driving under the influence of Vicodin. There’s a possibility of arrest even when the driver has a valid prescription for the use of the medication.
Nevada Revised Statute 484C.110 states that the law for driving under the influence of certain substances states that it is unlawful for an individual to drive or be in actual physical control of a vehicle if they are:
- under the influence of a controlled substance,
- under the combined influence of intoxicating liquor and a controlled substance; or
- ingests, inhales, applies, or otherwise uses any chemical, poison, or organic solvent, or any compound to a degree which renders the person incapable of safely driving or exercising actual or physical control of a vehicle
Even if you are entitled to use the drug or controlled substance under state law or prescription, it is not a defense against any charge of violating this law.
Defenses Against DUI Vicodin Charges
DUI defense attorneys have several strategies to challenge Vicodin DUI charges for their clients. Some of the most common defense strategies include the following.
- The driver was not “under the influence” of Vicodin,
- The law enforcement officers made an error when collecting the blood sample for intoxication testing and/or
- The police officer arrested the driver without probable cause.
Penalties For Violating NRS 484C.110
Driving under the influence of Vicodin is a misdemeanor in Nevada. The violation of NRS 484C.110 for the first offense is penalized by
- Monetary fines that can range between $400 and $1,000 and/or
- Imprisonment ranging from two days to six months in jail (alternatively, community service wearing distinctive garb identifying you as driving under the influence).
In what follows, our DUI defense attorneys in Las Vegas discuss the details of Vicodin DUI in Nevada. So, let’s get started.
Vicodin DUI in Neveda
According to the DUI laws in Nevada, driving under the influence of drugs is a criminal offense.
Substances, including painkillers like Vicodin, fall under the category of controlled substances. It is a criminal offense to drive under the influence of controlled substances like Vicodin, even if the driver has a valid prescription for the use of such a substance.
Some common painkillers, other than Vicodin that may lead to a DUI charge or arrest include the following:
- Demerol,
- Percocet,
- Hydrocodone,
- OxyContin,
- Codeine,
- or other narcotic painkillers.
Some of the signs that a driver is driving under the influence of Vicodin or another painkiller include:
- dizziness,
- drowsiness,
- low or slurred speech,
- constricted pupils,
- droopy eyelids,
- slowed reflexes and reaction times, and
- nausea.
Note that if a law enforcement officer arrests a driver due to suspicion of drunk or drugged driving in Nevada, the suspect is required to submit to an evidentiary blood or urine test as opposed to a breath test, since a DUI breath test cannot detect the presence of drugs in the body.
The suspect is allowed (at their own expense) to request an independent qualified laboratory test of their choosing.
Common Defenses of Driving Under the Influence of Vicodin
If a driver is charged with driving under the influence of Vicodin, the DUI defense attorneys can use the following defenses.
- The driver was not driving under the influence of Vicodin,
- The blood test results were mistaken, and
- The police officer arrested the driver without probable cause
Driver Was Not Under the Influence
If a driver is charged with DUI with Vicodin, the DUI defense attorney may collaborate with a medical witness to review the charge and the case. The medical expert may be able to offer evidence that indicates that:
- the arrested driver’s symptoms did not suggest that the driver was driving under the influence of Vicodin
- the level of medication in the suspect’s blood was normal
If the defense attorney show any flaws in procedure or the provided evidence, the prosecutor may decide to drop a driver’s DUI with Vicodin charges.
Mistakes in Sample Testing
If the DUI suspect chose to have an independent chemical testing and there is a difference in the chemical testing report of the police and the independent lab, then the DUI defense attorney may claim that there were mistakes in either:
- carrying out the test
- processing or storing the samples
- interpreting the results
The case can be dismissed if the DUI defense attorney can prove that the law enforcement’s evidence or testing procedures are inaccurate.
Arresting the Driver Without a Probable Cause
Law enforcement officers in Nevada aren’t allowed to pull over a driver without probable cause (unless the driver commits a traffic violation or is suspected of violating any other law).
If the DUI defense attorney can prove that the police officer who pulled over the suspect’s vehicle lacked sufficient probable cause to stop the vehicle, the case will be dismissed.
Penalties for Driving Under the Influence of Vicodin
Driving under the influence of Vicodin is charged as a violation of law in Nevada as a misdemeanor. A first offense is often penalized by:
- imposing monetary fines ranging between $400 and $1,000 in addition to court costs
- imprisonment ranging between two days and six months or community service
- Attendance of DUI School and Victim Impact Panel in Nevada,
- Completion of a drug abuse treatment program,
- Driver’s license suspension of up to 185 days, and
- Installation of an Ignition Interlock Device (IID).
Note that the DUI conviction will remain on the driver’s state criminal record for seven years. Following this time frame, the convict can file a petition for a record seal in court.
DUI of Drugs in Nevada and Other Related Offenses
Three offenses are related to driving under the influence of drugs in Nevada, which include the following.
- Driving under the influence of an abused substance,
- Unlawful possession of abused substances, including Vicodin, and
- felony DUI.
Driving Under the Influence of an Abused Substance
According to the Nevada laws, driving under the influence of abused substances is a crime when the driver has:
- Consumed illegal substances, or
- The driver is found under the influence of a controlled substance (such as Vicodin).
The violation of the law is charged as a violation of law and a misdemeanor and is penalized by up to
- 6 months of imprisonment, and
- Monetary fines up to $1,000.00.
Unlawful Possession of Abused Substance, Including Vicodin
An individual can be charged if found possessing Vicodin without a valid prescription.
Note that if the law enforcement officer stops an individual for a DUI of Vicodin and finds Vicodin in the vehicle without a prescription for the drug, the prosecutor will likely charge the driver for both,
- Driving under the influence of Vicodin and
- Unlawful possession of the drug (without a valid prescription).
Felony DUI
The violation of the law of driving under the influence of drugs is a felony DUI if:
- It is the driver’s third DUI offense,
- The driver has a prior felony DUI conviction, or
- The driver under the influence caused an accident in which another individual was killed or injured.
The felony DUI is considered a Category B Felony, and the crime is penalized by:
- at least 1 year and a maximum of 20 years
- fines up to $5,000
For Legal Assistance
If you or someone you know is charged with a DUI of Vicodin, we invite you to seek legal assistance with our expert DUI defense attorneys at Bourassa Law Group in Las Vegas.