Driving under the influence of prescription drugs is considered the same as drunk driving in Nevada law. However, instead of being put through a DUI breath test, the suspects are asked to take a DUI blood or urine test. If proven guilty, the offenders are charged with DUI and can face penalties ranging from monetary fines and educational classes to revocation of their driver’s license.
In some cases, it might be possible to bring the DUI charge down to that of reckless driving or have it completely dismissed. But you need an experienced Nevada DUI lawyer from the Bourassa Law Group on your side for this. Read on to learn more about Nevada prescription drug DUIs.
DUI on Prescription Drugs in Nevada
As stated earlier, driving under the influence of prescription medicines is considered a criminal offense in the state of Nevada, just as driving under the influence of alcohol or recreational drugs. Let’s consider an example for a better understanding…
Example:
Greg struggles with insomnia and is prescribed Ambien by his healthcare practitioner for it. One day, he takes the pill as usual but then receives a call from his boss for an emergency meeting that he must attend. Considering that he has to drive to the office, and he has just taken Ambien, Greg makes himself a strong cup of coffee to counteract the effects of the medicine and gets into the car to go to work.
But the caffeine from the coffee fails to fight the sedative from Ambien, and he begins to nod off while on the way to the office. This causes him to drive and swerve erratically.
If Greg is pulled over by the police in this condition, he could be charged and arrested for DUI.
In this imaginary scenario, it won’t matter to the police that Greg is not a drug addict or that he hasn’t consumed alcohol. The cops won’t even care how he tried to counteract the sedative effects of Ambien with coffee. What only matters and will be taken into consideration in this situation is that Greg is behind the wheel while being under the effects of sleeping pills, which qualifies as driving under the influence in Nevada. Therefore, the police have the right to charge Greg with DUI.
Prescription Medicines that Can Impair Driving
There are several prescription drugs with the potential to impair one’s ability to drive properly and carefully. However, they can be grouped into the following three categories:
1. Sedative-Hypnotics
Examples:
- Lunesta
- Ambien
2. Narcotic Analgesics (commonly referred to as painkillers)
Examples:
- Oxytocin
- Hydrocodone
- Percocet
- Lortab
- Vicodin
- Demerol
- Codeine
- Other opioid drugs
3. Anti-Anxiety Drugs
Examples:
- Valium
- Xanax
While these are primary categories of prescription medicines known to have the potential to impair driving, some non-prescription or over-the-counter drugs may also make it unsafe to drive. Unisom – an OTC sleep aid – is an example.
It’s important to know this because driving under the influence of an over-the-counter drug can also lead to a DUI charge.
It’s also important to note that sometimes doctors and pharmacists may fail or forget to inform about all the safety precautions one should take while taking certain medications. Therefore, you should always ask your care provider if the prescription medicine you’re given could impair your driving. For over-the-counter drugs, always read the label and warnings before getting behind the wheel.
How Can Prescription Medicines Impair Driving?
Prescription medicines can save lives. But they can also slow down various body functions, making certain activities unsafe or potentially dangerous. Driving is one of them.
While every prescription drug may have a different mechanism of action, it is the following common side effects that are believed to contribute to impairing a person’s ability to drive safely:
- Fatigue
- Weakness
- Nausea
- Breathing difficulties
- Feeling dizzy or lightheaded
- Lack of coordination
- Delayed cognition
- Impaired judgment
- Slowed reactions/increased response time
- Drowsiness
Can Marijuana and Amphetamines Get You Convicted for DUI?
Amphetamines are CNS stimulants used to treat conditions like narcolepsy and ADHD. Marijuana is also now approved for certain medical conditions. So, while they are widely used as recreational drugs, amphetamines and marijuana also classify as prescription drugs and can get you arrested and convicted for prescription drug DUI in Nevada.
In the case of amphetamines, you can face trial and be convicted for DUI when a blood test confirms the presence of drugs in higher amounts, even if you did not violate any traffic rule, were driving safely, and had a prescription for the drug. However, for prescription marijuana, you will only be put through a DUI trial for a specific level of drugs in your system for your 3rd or subsequent DUI offenses.
What is an overdose or too much amount for Amphetamines and Marijuana?
- Amphetamines – 100 nanograms per milliliter of blood
- Marijuana (for 3rd or successive DUI offenses) – 2 nanograms per milliliter of blood
- Marijuana Metabolites (for 3rd or successive DUI offenses) – 5 nanograms per milliliter of blood
If marijuana impairs your driving, the act becomes illegal regardless of the amount consumed. Even when the amount of marijuana consumed is under the legal limit, if it impairs your driving, you’re considered to have committed an offense for driving under the influence (DUI) of a prescription drug.
But if the driver has two or more DUIs on record and has consumed more than the legally permitted amount of marijuana, they can be arrested even if they were driving safely.
Tests for Prescription Drug DUI in Nevada
When a driver is suspected to be driving under the influence in Nevada and pulled over for it, they are (more often than not) asked to take the following tests on the spot to confirm the suspicion:
- Preliminary Breath Test (PBT)
- One-Legged-Stand
- Walk-and-Turn
- Horizontal Gaze Nystagmus
If a driver passes these tests, it is usually confirmed that they are not under the influence of drugs or alcohol. The officer can still hold you for suspicion of driving under the influence of drugs and call an officer trained in drug recognition evaluation (DRE) for further investigation. If arrested for DUI of drugs or prescription medications, the driver will be required to take a blood test for confirmation.
Drivers might refuse to take the PBT and other field sobriety tests (FTSs). However, it’s not recommended as the refusal to perform the preliminary breath test will result in arrest. The cops may suspect that the driver refuses to take tests because they have something to hide.
According to Nevada law, when someone is arrested for DUI, they are considered to have given implied consent for undergoing chemical testing. However, if a driver refuses to take a blood test after arrest, the cops must obtain a warrant, allowing them to use reasonable force (if needed) to get the suspect’s blood sample.
The suspect has the right to choose a qualified laboratory of their choice, if they want, to have administer the test. They will have to bear the expenses themselves.
It’s important to note that even if the suspect eventually submits to the DUI blood test, their initial refusal can be used as evidence against them during the trial. The defendant’s driving license will also be revoked for a year by the Nevada DMV.
Can You Go to Jail for Driving Under the Influence of Prescription Drugs?
In Nevada, the standard penalties/punishments for prescription drug DUI are the same as those for driving under the influence of alcohol or illegal narcotics. They get harsher with each DUI within a seven-year period. However, a DUI incident that results in substantial bodily harm or death to someone else classifies as a Category B felony, regardless of the number of DUIs on the driver’s record.
1st DUI
The first driving under the influence of prescription drugs incident in a 7-year period is charged as a misdemeanor, and the offender is subjected to the following penalties:
- Monetary fine of $400 to $1,000 in addition to the court cost
- Community service for 48 to 96 hours or jail anywhere from two days to six
- Completing an alcohol education course at a DUI School in Nevada. The expenses are borne by the defendant. The course doesn’t require physical presence; it can be taken online.
- Attend a victim impact panel for DUI
- Revocation of driver’s license for 185 days. The defendant can resume driving with an ignition interlock device placed in their car for 185 days.
2nd DUI
The second DUI charge in a 7-year period is also classified as a misdemeanor,and the punishment includes:
- Fine anywhere from $750 up to $1,000
- Jail for 10 days to 6 months
- Drug/alcohol dependency evaluation – it costs around $100 and is to be paid for by the offender
- Attending a victim impact panel
- License revocation for a year with the ignition interlock device installed for a 1-year period
DUI convictions appear in criminal records for seven years, per Nevada law. However, it’s important to note that this law only applies to the first two DUI offenses that are considered misdemeanors. 3rd or subsequent DUI convictions and incidents that cause serious injuries or death are automatically felonies, and may never be sealed in Nevada.
3rd and Successive DUIs
When someone is charged with DUI for the third or more times in a 7-year period, it is categorized as a Category B felony – a term used for the second most serious class of felonies. A conviction for a felony under category B carries the following penalties:
- Fine between $2,000 and $5,000
- Imprisonment for 1 to 6 years
- Driver’s license suspension for 3 years with the ignition interlock device installed for a 3-year period
DUI Incidents Causing a Serious Injury or Death
As mentioned earlier, a DUI incident that causes serious injuries to someone or death is a Category B felony for which the offender can be subjected to:
- Fine between $2,000 and $5,000
- 2 to 20 years of imprisonment
- Suspension of driver’s license for 3 years with ignition interlock device for a 3-year period
If a DUI incident causes death and the driver already has a history of three or more DUI convictions, it will be prosecuted as vehicular homicide. Also called automobile homicide or vehicular manslaughter, the incident can lead to 25 years to life imprisonment.
In both situations, the offender will only be eligible for parole after ten years of their sentence has been served.
Is it Possible to Have a Prescription Drug DUI Charge Reduced or Dropped?
It’s not always an option, but in some cases, the defense attorney may be able to convince the district attorney to reduce a charge for driving under the influence of prescription drugs to that of reckless driving. If successful, it can give certain benefits to the offender.
- Reckless driving conviction can be removed from the offender’s criminal record after just one year. A DUI offense, on the other hand, remains on the criminal record for seven years.
- A reckless driving charge doesn’t carry as much social stigma as a DUI conviction. It also doesn’t trouble employers as much when they run a background check during the hiring process.
- The punishment/penalty for DUI continues to get worse with successive convictions. If the defense attorney gets the first DUI offense reduced to a reckless driving charge, the offender gets the advantage of getting the second DUI conviction (if there is any) prosecuted as the first incident.
As for the dismissal of a DUI charge, Nevada law forbids prosecutors from outright dismissal of DUI claims unless there isn’t enough or reliable evidence. Having said that, an experienced DUI defense attorney might still be able to get the charges dropped in certain situations.
In a case of wrongful suspicion or conviction where the offender has enough evidence to prove their innocence, they can request the DUI case to be taken to trial. If proven ‘not guilty,’ they will be acquitted and can have their record sealed right away.
DUI Conviction May Also Be Reduced Through Nevada DUI Court
Defenders who are addicted to prescription drugs and plead guilty of driving under the influence may get their case transferred to the Nevada DUI Court.
For those who may not know, DUI courts are alternative, collaborative courtrooms with substance abuse specialists on board to provide individualized guidelines and/or treatments to offenders charged with DUI. The purpose is to help people who may be addicted to certain drugs rehabilitate rather than just penalizing them for any misdemeanors or felonies they have committed to avoid any more DUI convictions.
DUI courts often put offenders through intensive rehab programs, which help them avoid lengthy imprisonments. Successful completion of the DUI court treatment may also let you reduce the conviction for driving under the influence of (prescription) drugs to a lesser charge.
Offenders facing the first or second DUI conviction might be eligible for the Moderate Offenders Program in Clark County – a Misdemeanor DUI Court in Nevada. For people facing a felony, or third successive DUI charge, help is provided through Nevada’s Felony DUI Court, called the Serious Offenders Program.
Does a Prescription Drug DUI Charge Cause License Revocation?
An arrest for driving under the influence of prescription drugs does not immediately cause the driver to lose their license. It’s only revoked when the suspicion is confirmed through the blood test. When the blood test comes out positive for drugs, the Nevada DMV sends a notification for revocation of license to the offender through the mail. The duration of revocation varies depending on the seriousness of the incident and the offender’s DUI history.
| Number of DUI Offense (within a 7-year period) | Duration of Driver’s License Revocation in Nevada |
| 1st | 185 days |
| 2nd | 1 year |
| 3rd or Successive or DUI incidents causing injury or death (Felony DUI) | 3 Years |
It’s important to note that the previous DUIs do not necessarily have to be committed in Nevada. The defendant will face the above-given license revocation for 2nd or 3rd DUIs in Nevada regardless of the location of their previous DUI charges.
DMV Hearings Post License Revocation Notice
Upon receiving the license revocation notice from Nevada DMV, the defendants have seven days to contest it and request a DMV hearing. If there is a failure to act within seven days, the license revocation will automatically be implemented. However, if a hearing is requested, the revocation is delayed until the resolution of the hearing.
What is a DMV Hearing?
For those who may not know, a DMV hearing is a civil trial presided by an administrative judge. It gives defendants the opportunity to argue and provide evidence to prove that the charges of DUI against them are wrong.
Are DMV Hearings Worth It?
It’s harder to win DMV hearings than criminal trials. And the reason for it is that the judge presiding over a DMV hearing needs far less evidence than a criminal judge to hold the defendants guilty. Having said that, it’s still worth requesting a DMV hearing when a person is wrongly charged with DUI, and they can prove the evidence presented by the police (state) was wrong, problematic, or insufficient.
How to Fight Prescription Drug DUI Charges?
The most used defenses for prescription drug DUI charges are similar to the ones used in drunk-driving defenses. These include providing evidence or proving that:
- The police did not have probable cause to stop the driver
Cops are not permitted to pull over people on DUI suspicion without probable cause unless they are passing through a DUI checkpoint.
Probable cause is defined as having reasonable grounds or reliable information to believe that a particular person has committed an offense.
If the defense attorney can prove in court that the officer did not have any basis to pull over their client, i.e., they did not see them driving erratically or breaking any laws, the judge will most likely drop the case.
- The blood test was inaccurate
The blood test report doesn’t count as evidence if it’s proven that the testing wasn’t done properly. The most often used defenses include proving that the equipment used to perform the test was faulty and the samples were mishandled/contaminated.
An expired certification of the professional who conducted the blood test is also sometimes enough evidence for the judge to drop a DUI case.
- The driver only consumed the prescription drug after they stopped driving
It’s not uncommon for people to get anxious or panic when pulled over by a cop. This may make them use certain medications at that moment to calm their nerves. In that case, the defense attorney may demand that the court ask the DA to prove the driver was intoxicated before they stopped driving. The failure to demonstrate it will lead to the case’s dismissal.
Poor Defenses for Prescription Drug DUI Charges
It’s important to note that the following arguments Do Not count as defenses in DUI cases:
- The drug is FDA-approved
- The driver had a valid prescription for the drug from a licensed doctor
- The defender had an unusual or unexpected reaction to the drug
Sealing a Prescription Drug DUI Conviction in Nevada
The duration for which a DUI conviction remains on a person’s criminal record in Nevada varies according to the charges filed against them. Here’s a list for your reference:
- Misdemeanor DUI – 1st and 2nd DUI incidents – 7 years after the conclusion of the case
- Felony DUI – 3rd or successive DUIs and DUIs that cause serious injuries or death – will always be on record; cannot be never sealed
- Misdemeanor for Reckless Driving – 1 year after the case is concluded
- Case Dismissal – Immediately after the verdict
Can a Non-Citizen Be Deported for Prescription Drug DUI?
DUI is not a deportable crime in most circumstances. However, if a non-citizen is found with prescription drugs without a valid, current prescription, they could be deported under the charges of an aggravated felony.
Since there is no definite legal definition or criteria for a crime or offense to be classified as an aggravated felony, and it depends on how the judge hearing the case views and rates it, non-citizens should immediately hire an experienced lawyer if they are charged with DUI for prescription drugs (or any other criminal offense) in Nevada.
Facing DUI Charges? Contact The Bourassa Law Group for Legal Assistance!
Prescription drug DUI cases can get complicated or quickly turn against you. If you’ve been charged for driving under the influence of prescription drugs in Nevada, call The Bourassa Law Group for assistance at your earliest. Our lawyers can help determine the best approach for your case and work with you to obtain a favorable settlement. This may include attempting to dismiss the case or reaching a settlement with the district attorney to reduce the charges. If you’re wrongly charged with DUI, we can also take your case to trial to obtain a “not guilty” verdict.
Contact us today for a consultation with the best DUI defense lawyers in Nevada!