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Laws Regarding a Methamphetamine DUI in Nevada

In Nevada, driving under the influence of methamphetamine is prohibited by DUI law. This law is applicable even when the driver is not impaired. A blood methamphetamine level of 100 nanograms per ml of blood is considered the minimum, and anything equal to or above this is considered driving under the influence.

For a first-time offender, as long as the driver did not cause serious injuries or harm, the charge is considered a misdemeanor and can be punishable with fines of up to $1,000. The driver may also be made to attend a victim impact panel, and they may have their license revoked for 185 days. They may also have to spend time in jail.

Methamphetamine DUI in Nevada

According to Nevada law, driving a motor vehicle is prohibited in the following circumstances:

  • The driver has used meth to the extent that the driver is no longer capable of driving safely or exercising physical control over the vehicle itself
  • The driver’s blood contains meth equal to or more than 100 nanograms per ml
  • The drive’s urine contains meth equal to or more than 500 nanograms per ml

While impairment can occur at any concentration, 100 ng/mL is not always enough to make a driver ‘high,’ but impairment is not a requirement to charge someone with DUI. If their blood or urine contains illegal amounts of meth, they can be charged with DUI.

Usually, police officers will pull over a DUI suspect and ask for a preliminary breath test to measure their BAC. If the driver has not consumed alcohol but still seems impaired, they may be suspected of a DUID instead.

Law enforcement will usually look out for these symptoms in a driver under the influence of meth:

  • Euphoria
  • Lack of coordination and restlessness
  • Aggressive or violent behavior
  • Nervousness
  • Irregular heartbeat or palpitations
  • High blood pressure, heart rate, or respiration rate
  • Delusions
  • Photosensitivity

All drivers in Nevada are presumed to have consented to blood or urine tests, even after a DUI meth arrest. If the driver resists testing, the police can obtain a warrant and use reasonable force to carry out testing.

What Are the Penalties for a Meth DUI?

In Nevada, the penalty for a DUID is the same as that for drunk driving. However, if the driver is convicted more than once, they may receive a greater sentence.

First-Time DUI

A first-time DUID in Nevada is a misdemeanor, and the penalties are:

  • Up to 6 months in jail
  • DUI school
  • Up to $1,000 in fines, as well as court costs
  • Victim impact panel attendance
  • License revocation for 185 days

Second-Time DUI

A second time DUID in Nevada is also a misdemeanor, and the penalties are:

  • Up to 6 months in jail
  • Up to $1,000 in fines, as well as court
  • Victim impact panel attendance
  • Drug dependency evaluation
  • License revocation for a year

Third-Time or Subsequent DUI

A third-time or subsequent conviction of DUI is a Category B felony, and the penalties are:

  • 1 to 6 years in prison
  • Up to $5,000 in fines, as well as court costs
  • Victim impact panel attendance
  • License revocation for 3 years

DUI Causing a Death or Injury

A DUI that results in a death or injury is a Category B felony, and the penalties are:

  • Up to 20 years in prison
  • Up to $5,000 in fines, as well as courts
  • License revocation for 3 years

If the DUI case involved a death, and the driver had been convicted of 3 or more DUIs previously, they will be charged with vehicular homicide instead of a DUI. The sentence for this can be 25 years to a life sentence in prison, with parole possible after 10 years.

Anyone charged with a DUI found possessing meth can also face charges of possessing illegal drugs.

Will I Lose My License?

Individuals charged with DUI meth can keep their driver’s license until they receive a notice of failing the blood test. After this, they have one week to request a DMV hearing to discuss the suspension. They can still keep driving until they get the results of the hearing.

In most cases, the DMV hearing is held several weeks after the initial arrest. Defendants who do not request a hearing will have their license revoked on the date specified in the notice and will no longer be able to drive.

At this point, the only way to avoid a complete revocation is if the defendant can win the DMV hearing and the criminal case. If they win only one of them, their license can still be suspended.

A first-time DUI offense results in a 185-day revocation, but defendants can usually keep driving as long as they have a breath interlock device in their vehicle. A DUI-2nd will have a 1-year revocation, and a DUI-3rd will have a 3-year revocation.

How Do Criminal Lawyers Fight DUI Meth Charges?

Criminal lawyers and defense attorneys can fight the DUI meth charge in Nevada in several ways. Some of these include:

  • There was no reasonable suspicion of stopping traffic
  • There was no probable cause to make the arrest based on a DUI
  • The officer did not provide the correct instructions for the field sobriety test
  • There was too much time between the arrest and the blood test
  • The blood samples were not properly handled
  • The lab technicians were not properly certified, or their certification had lapsed
  • The defendant went through a medical condition that resulted in physical symptoms similar to those of being high

Sometimes, the charge may be reduced to reckless driving as part of the plea bargain.

Can You Get Deported?

Though DUI is not a crime that results in deportation, possession of illegal drugs is. Any non-citizen defendants charged with DUI may also be investigated for possessing meth, and if they are charged with this, they may face deportation.

Any immigrants facing criminal charges on this account should seek legal help immediately. They can stay in the country if the charge is reduced to a non-deportable offense.

How Soon Can You Seal the Record?

A misdemeanor DUI conviction (a first- and second-time conviction) in Nevada is not able to be sealed for seven years. After this, individuals can petition the court for a record seal.

On the other hand, felony convictions (DUI-3rd or DUI resulting in injury or death) are never able to be sealed. However, if the charges are dismissed or the defendant is acquitted, you can petition for a record seal immediately.

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