Understanding Nevada DUI Charges for Prescription Medicine Use
If you take prescription medication that interferes with your ability to drive a vehicle safely, you can be charged with DUI under Nevada law. Having a legal doctor’s prescription does not protect you from the consequences of taking the prescription medicine when you drive. If you face DUI for prescription medicine use, you should get help from an experienced DUI defense lawyer at the earliest possible time.
Nevada DUI Laws for Prescription Drugs
The Nevada DUI law, found at NRS 484C.110, makes it unlawful to drive under the influence of alcohol, marijuana, and other substances, including controlled and specified prohibited substances. The law establishes specific legal limits for alcohol and certain other substances, including marijuana. In addition, Subsection 2 makes it illegal to drive or be in physical control of a vehicle on a highway or premises accessible to the public, if a person is 1) under the influence of a controlled substance, 2) under the combined influence of alcohol and a controlled substance, or 3) under the influence of any chemical, poison, or organic solvent, or a compound or combination of any of these, “to a degree which renders a person incapable of safely driving or exercising actual physical control of a vehicle.”
The provisions of the Nevada DUI law apply not only to illegal drugs but also to prescription drugs and over-the-counter medications. Having a legal doctor’s prescription does not prevent a driver from being charged with DUI, just as legal use of marijuana does not protect a driver from a DUID charge. The law specifically states: “The fact that any person charged with a violation of this subsection is or has been entitled to use that drug under the laws of this State is not a defense against any charge of violating this subsection.”
A different Nevada law, NRS 484C.120, applies similar DUI prohibitions to commercial drivers.
Prescription Medications That May Impair the Ability to Drive Safely
Some prescription medications do not interfere with the ability to drive. But there are certain types of medicines that are more likely to impair driving ability, because they can cause dizziness, drowsiness, confusion, impaired coordination, difficulty concentrating, or slow reaction times, among other effects. Examples of types of prescription drugs that may have effects that impair driving include:
- Opioids, such as oxycodone, hydrocodone, and morphine
- Benzodiazepines, like Xanax, Valium, and Ativan
- Sleep medications, such as Ambien and Lunesta
- Muscle relaxants, including Soma and Flexeril
- Antidepressants and antipsychotics
If your physician prescribes any of these medicines or other medication that may interfere with driving, be certain that you understand the side effects and know how the drug affects you. If any of the effects interfere with your ability to drive safely, it is advisable to avoid driving after you have taken the medication.
Police Testing for Prescription Medications
If you are stopped by law enforcement on suspicion of DUI, the police may conduct field sobriety tests designed to evaluate your balance, coordination, and cognitive abilities to determine whether you are impaired. These tests are designed primarily to identify alcohol-related impairment and are not always accurate indicators of prescription-drug impairment.
A police officer may also administer a forensic breath test or blood or urine test to determine whether any substances are present in your system. It is important to bear in mind that Nevada has an implied consent law that applies to testing of drivers during a DUI investigation. If you refuse tests requested by an officer, there can be significant consequences unrelated to whether you are charged with or convicted of DUI.
Unlike alcohol and certain prohibited substances, for which there are specified legal limits, there are no established legal limits for most prescription drugs. If a test indicates the presence of a prescription drug in your system, the prosecution generally must prove beyond a reasonable doubt that the presence of the drug impaired your ability to drive safely.
Penalties for DUI for Prescription Medication
The penalties for a DUI conviction arising from use of prescription medication are the same as the penalties for a DUI involving alcohol or illegal drugs. The first offense and second offense within seven years are misdemeanors, which carry potential penalties of jail time up to six months, a fine, license revocation, and participation in a substance abuse treatment program. The third and subsequent DUI charges are felonies, with substantially harsher penalties.
In all cases, a DUI conviction on your record has significant consequences beyond the criminal penalties and can affect employment, housing, financial transactions, and more.
Defending Against a DUI Related to Prescription Medicine
Even if your DUI charge is a first offense, it is crucial to get help from a DUI defense lawyer to minimize the consequences of the charge. When prescription medication is involved, your attorney has multiple strategies for challenging the charge.
Since the prosecution must prove beyond a reasonable doubt that the prescription medicine impaired the ability to drive safely, police test administration and reliability can be questioned in order to undermine the test results. Your lawyer may also argue that the tests do not prove impairment. In addition, your defense attorney can question the legality of the stop, since law enforcement must have the basis for a reasonable suspicion that you were violating the law. Depending on the circumstances, there are also other approaches that may be used to undermine the prosecutor’s case.
Regardless of the circumstances of the case, having legal representation enables you to defend aggressively against a DUI charge, which is essential in light of the criminal penalties and other consequences of a DUI conviction.
Schedule a Free Consultation With an Experienced Las Vegas DUI Defense Attorney
If you face a DUI charge for prescription medication or any other reason, DUI defense attorney Joseph Gersten is here to help. His investigative background, trial experience, and criminal defense focus significantly benefit anyone facing a DUI or DUID charge.
The Gersten Law Firm assists clients facing any state or federal criminal charge in Las Vegas, Henderson, and elsewhere in Clark County. There is no charge for your initial consultation. Call 702.857.8777 or complete our online form to schedule an appointment.
