Las Vegas Criminal Defense Blog

Last week in Washoe County, a NHP trooper was nearly hit by a car while the trooper was investigating a rollover accident scene. The car's driver was reportedly exiting a ramp off the US 395 when she swerved to avoid the disabled car but drove into the trooper's path, who managed to dodge the driver. The trooper then arrested the driver for the Nevada crime of driving under the influence of drugs.

The Nevada crime of driving under the influence of drugs (called "DUI Drugs") is the same concept as a DUI, except that the driver has been using narcotics instead of alcohol. Cops determine a DUI Drugs by having the driver perform field sobriety tests such as walking in a straight line and standing on one foot. People arrested for DUI drugs must submit to a chemical blood test and cannot elect to take a breath test instead.

The Nevada crime of driving under the influence of drugs is punished the same as a DUI with alcohol. A first time offense with no injuries is a misdemeanor, and the judge will typically suspend the jail sentence. But a third time offense, or a first time offense with substantial injuries, is always a felony carrying at least a year of prison (though some defendants may be able to do DUI Court in lieu of some of the prison time).

For more on this story go to: http://www.kolotv.com/home/headlines/136775953.html

To learn whether a defendant should hire a lawyer for a Las Vegas DUI case, watch our informational video:

Earlier this week the Nevada Highway Patrol arrested a Reno man for allegedly violating Nevada DUI with drugs law while operating a car on US 395. Police stopped him after observing him driving erratically, going off the road and speeding in excess of 80mph. The NHP observed him to be high on drugs and booked him for DUI-Drugs and several other drug and driving-related charges.

Nevada DUI with drugs law makes it a crime to drive while high on any kind of drug or while having excessive amounts of certain illegal drugs in your system irrespective of whether your driving is impaired. Even if you were prescribed a drug by your doctor like Ambien or Vicodin, you can still be convicted of this crime if your driving was in any way influenced by your use of the drug. Police suspect drivers are high rather than drunk if they fail the field sobriety tests but pass the preliminary breath test.

As long as no one got seriously hurt and it's your first DUI in seven years, violating Nevada DUI with drugs law results in the misdemeanor penalties of 2 days to 6 months in jail (which is usually suspended), Nevada DUI School, fines of up to $1,000, a Nevada Victim Impact Panel, and 3 months suspension of your driver's license. A second offense in seven years carries 10 days to 6 months in jail, up to $1,000 in fines, a Nevada Victim Impact Panel, an intensive drug abuse treatment program (DUI Court), a drug/alcohol evaluation, and a year suspension of your driver's license. A third offense is a felony carrying up to six years in prison, up to $5,000 in fines, 3 years license suspension, a drug/alcohol evaluation, and a Nevada Victim Impact Panel.

For more on this story, go to: http://www.kolotv.com/news/headlines/99477719.html?ref=719

The Obama Administration is urging states without "illegal per se" DUI Drugs laws to emulate the eleven states that do, which includes Nevada. At this time, many states prosecute people for driving under the influence of drugs (DUID) only if their driving actually becomes impaired from having ingested the drugs. But if states change their laws to follow the President's directive, then someone who is found to have a minimum amount of certain illegal drugs in their system may be found guilty of DUID even if they're driving safely.

Nevada DUI Drugs law makes it a crime to either 1) drive under the influence of drugs, or 2) to drive with more than the minimum amount allowed of certain illegal drugs in their system. For example, someone may be convicted of breaking Nevada DUI Drugs law if they're found to have 50 or more nanograms per milliliter of cocaine in their blood. Or, he/she may be found guilty if their urine shows 150 or more nanograms per milliliter of cocaine.

The penalties for violating Nevada DUI Drugs Law are identical to those for drunk driving. A first offense is usually charged as a misdemeanor unless the person has two previous DUIs in seven years or if the incident resulted in a fatality or serious bodily injury. The standard sentence for a first-time conviction includes fines, DUI School, a Victim Impact panel, 90 days driver's license suspension, and a suspended jail sentence.