Illegal Drug DUI - First Offense

In Nevada, a person can be arrested for driving under the influence if they have a prohibited substance, like cocaine, heroin, or marijuana in their blood. This DUI arrest will be treated just like an alcohol DUI, and the driver will face consequences with both the Court and the Department of Motor Vehicles. Although marijuana is legal to consume in Nevada, it is still illegal at the federal level and it is illegal to operate any type of motor vehicle while under the influence of marijuana. The legal definition of Driving Under the Influence of Drugs in Nevada that the driver was operating a vehicle while under the influence of any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders the person incapable of safely driving or exercising actual physical control of a vehicle. The driver can also be arrested for “drugged driving” if the driver was operating a vehicle with an amount of a prohibited substance in his or her blood or urine that is against the statutory requirement.

The prohibited substance list for a drugged DUI includes amphetamine, amphetamine metabolite, cocaine, cocaine metabolite, heroin, morphine, marijuana, marijuana metabolite, and methamphetamine. Unlike driving under the influence of alcohol, no breath test will be able to detect the chemicals in an individual's blood stream if the individual is under the influence of drugs. The chemical tests for drugged driving are urine or blood. However, for marijuana and marijuana metabolite, there is only a blood test. For more on a DUI with prescription drugs, please click here. The nanograms required to be "under the influence," per milliliter are:

DRUG

  • Amphetamine
    • URINE NANOGRAMS - 500
    • BLOOD NANOGRAMS - 100
  • Cocaine
    • URINE NANOGRAMS - 150
    • BLOOD NANOGRAMS - 50 
  • Cocaine Metabolite
    • URINE NANOGRAMS - 2,000
    • BLOOD NANOGRAMS - 50
  • Heroin
    • URINE NANOGRAMS - 2,000
    • BLOOD NANOGRAMS - 50 
  • Morphine
    • URINE NANOGRAMS - 2,000
    • BLOOD NANOGRAMS - 50 
  • Marijuana
    • URINE NANOGRAMS - N/A
    • BLOOD NANOGRAMS - 2
  • Marijuana Metabolite
    • URINE NANOGRAMS - N/A
    • BLOOD NANOGRAMS - 5
  • Methamphetamine
    • URINE NANOGRAMS - 500
    • BLOOD NANOGRAMS - 100 

When a person is pulled over for suspicion of driving under the influence, and the police officer suspects that the driver is under the influence of a drug, the police officer may ask the driver to complete field sobriety tests. For more on field sobriety tests, please click here. The driver may also submit to a urine test, or a blood test. If the driver refuses, he or she may face serious repercussions. For more on the test refusal, please click here.

A Drug DUI, first offense, is a misdemeanor offense. The punishments for a First Offense Drug DUI are essentially the same as a First Offense Alcohol DUI. The defendant, if convicted, faces between two (2) days to six (6) months in the Clark County Detention Center or Las Vegas City Jail. The judge may mandate the Defendant attend a Nevada DUI School, Victim Impact Panel, and/or a Coroner's Class. For fines, the Defendant can expect to pay $400 to $1,000, in addition to any separate court costs or fees associated with hiring an attorney. Upon conviction, the Department of Motor Vehicles will suspend the Defendant's driver's license for ninety (90) days.

If you have been arrested for a Drug DUI in Nevada, it is important to discuss the specifics of your case with an experienced Las Vegas DUI Drug Attorney as soon as possible. Josh Tomsheck is a Las Vegas DUI Drug Attorney who has over a decade of legal experience. Josh Tomsheck was a Chief Deputy District Attorney in Las Vegas prior to opening his own firm specializing in the defense of criminal and DUI cases. This unique prior employment gives him an advantage to approach a case from both perspectives. Josh Tomsheck has been able to help DUI Drug Clients have their charges reduced, or dismissed entirely. For more on his case results, please click here. For your free consultation, please contact him here today!

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LVNVDUI.COM and the law firm of Hofland & Tomsheck handles cases and represents individuals, both residents and visitors, charged with DUI and Drunk Driving offenses.

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If you are arrested or charged with a DUI in Las Vegas or surrounding areas, finding the best lawyer to fight for you should be your top priority. Just because you have been arrested does NOT mean you will be convicted. Attorney Josh Tomsheck of the law firm of Hofland & Tomsheck find the best defense to your Nevada DUI charge - - Fighting for Justice - - Fighting for you!

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