DUI for Drugs


In recent years the numbers of DUI arrests have actually declined whereas the numbers DUI for drugs have increased nationwide. With the number of people on medication increasing and with the access to affordable healthcare improving, DUI drug arrests are only expected to rise. If you were arrested for driving under the influence of drugs, I urge you to contact me right away. As a former Chief Deputy District Attorney with more than 16 years experience practicing law in Clark County, I can fight to get your criminal charges reduced if not dismissed!

Many people don’t realize there are laws prohibiting driving under the influence of drugs. This is not limited to illegal drugs such as marijuana, LSD, or cocaine; a person can be arrested for DUI if they are under the influence of any controlled substance and this includes common over-the-counter allergy medicines (antihistamines) and lawfully prescribed medications.

Under NRS 484C.110, it states that it is unlawful for a person to be in actual physical control of a vehicle on a highway or on a premises which the public has access to while under the influence of a controlled substance or the combination of alcohol and a controlled substance.

It is unlawful for someone to have actual physical control of a vehicle on a highway or a premises with public access after he or she has inhaled, ingested, applied, or otherwise used any chemical, poison, organic solvent, or any compound or combination of any of these to the extent that they render the person incapable of driving safely or exercising physical control over a vehicle. Furthermore, the fact that a person is entitled to use the drug under Nevada’s state laws is not a valid defense. This means that if you take drugs such as Ambien, Vicodin, Benadryl or any other pain reliever, sleep medication or muscle relaxer that can cause you to lose control and drive unsafely, you could be arrested for DUI. The penalties for a first-time DUI offense in Nevada include:

  • Vehicle impoundment
  • Fines ranging from $450 to $1,000
  • DUI school or a substance abuse program
  • License revocation for 90 days
  • Victim impact panel
  • From 2 days to 6 months in jail or up to 96 hours of community service