DUI Drug Laws

Many people think that you can only get arrested or charged with a DUI if you have been drinking alcohol. NOT TRUE. In fact, many people are arrested, charged and even convicted of DUI in Las Vegas when they have not consumed a single alcoholic beverage. How? In Nevada, a person can be convicted of driving under the influence when they have drugs in their system.

The legal limit of alcohol present in an adult driver’s system Nevada is .08. The laws in Nevada also dictate how much of a particular drug a driver can have in his or her system at the time they get behind the wheel. Under NRS 484C.110 there are maximum amounts of illegal drugs – - such as cocaine, heroin, LSD, marijuana, methamphetamine, etc., that you can have in your system at the time you are driving a vehicle. If you are tested (usually through a blood test) and it is revealed that you are over these limits, you can, and likely will, be charged with DUI. If however your lawyer is aware of these limits and other potential defenses related to the presence of drugs in your system, you may have a valid legal defense to a DUI charge.

The amounts you may have of each drug depend on whether you submitted to a blood or urine test and are as follows:

Prohibited Substance (Drug)Urine (Nano grams per milliliter)Blood (Nano grams per milliliter)
Cocaine Metabolite15050
Heroin Metabolite*: Morphine2,00050
6-monoacetyl morphine1010
Lysergic acid diethylamide (“LSD”)2510
Marijuana Metabolite*155
Phencyclidine (“PCP”)2510

* metabolite is a substance that is created by your body and produced after a drug is ingested. This means that metabolites at these levels are legally prohibited even if a blood or urine test does not detect any of the actual drug in your system. The reason is that the presence of a metabolite usually means that you were still “under the influence” of actual drug while driving.

DUI drug cases are very complex and have many legal, scientific and technical issues.

A knowledgeable and experienced DUI lawyer will know the many possible defenses to DUI drug cases.

Contact Us Today

If you have been arrested or charged for DUI involving drugs, or know someone who has, we can help. If you want to ask us questions about your rights, the specifics of a DUI drug case, or request a FREE COPY of your Nevada Driver’s Rights Card, call us today at (702) 895-6760 or submit your case online (click here) today. We offer a FREE, no obligation case evaluation with our experienced DUI attorney. Just because you were arrested, DOES NOT mean you must be convicted! Contact the law firm of Hofland & Tomsheck - - “Fighting for Justice, Fighting for YOU!”

Las Vegas DUI Attorney Blog - Constitutional Law and DUI
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