Facing an arrest for being in possession or under the influence of a controlled substance in Nevada could be a traumatizing experience. Drug crime-related arrests are common among ordinary Nevada residents or tourists partying and socializing on weekends and during holidays. Most people charged with DUI drugs are usually first-time offenders who would like to avoid a DUID conviction on their record. A misdemeanor or felony DUID could have devastating effects on your life. The conviction will always show up on your background checks unless you seek an expungement of the criminal conviction. A past drug offense conviction could make you miss out on job opportunities and professional licensing.

Avoiding A Conviction

After arresting you on suspicion that you are under the influence of drugs, the police are likely to only give their version of what happened. Often, police in Nevada accuse suspects of drug crimes before verifying all the important facts. If the police charge you with a drug crime like operating a vehicle under the influence of drugs, your first action should be to contact an experienced criminal defense attorney. The attorney will investigate your case and follow all the necessary steps to prove your legal rights.

Nevada has strict laws on drug crimes. Therefore, whether you are a Nevada resident or in town visiting friends, you will face harsh consequences upon a drug crime conviction. For example, driving under the influence of drugs could lead to the loss of your driving privileges. You need the help of an experienced and aggressive attorney who has handled drug crimes before.

Driving While High — NRS 484C.110

Under Nevada law, it is legal to possess marijuana for recreational use, provided you are above 21 years. Even if it is legal to use marijuana, operating a vehicle while impaired by marijuana or another controlled substance is a crime. It is a crime to drive under the influence of either drugs or alcohol. According to Nevada law, you are under the influence of marijuana if tests reveal that you have certain levels of the substance in your blood. If you have two nanograms of marijuana per milliliter of blood or five nanograms of marijuana metabolite per milliliter of blood, the law considers you to be under the influence.

As outlined by the Nevada Per Se drugged driving laws, you are under the influence of drugs if you have certain detectable amounts of marijuana or THC in your blood. Even if Nevada laws permit recreational use of marijuana, you cannot use this as a defense to a drugged driving charge. According to the implied consent laws, any driver operating a vehicle on a public road is deemed to have given consent to blood or urine tests to determine the presence of drugs in their system. Therefore, if a driver refuses to submit to a blood or urine test, the police may force them to submit. A driver could also face additional charges for refusing to submit to a drug test.

The police may charge you with DUID even if a breath test does not detect intoxication. If you pass the breathalyzer test but perform poorly in the field sobriety tests, the police are likely to suspect that you are under the influence of drugs. You should never try to handle a DUID charge on your own. You would be making a grave mistake. If you choose to represent yourself, it will be your word against that of the prosecutor. The prosecutor will not let you off easy; they are likely to seek the maximum sentence for you. Working with an experienced attorney who understands all the tactics that prosecutors usually use will help you achieve a favorable outcome for your case.

An attorney will investigate your case and examine the evidence presented against you. For example, the attorney will determine whether the police had probable cause to stop you. An attorney will also determine if the police subjected you to an illegal search or seizure during the arrest. The attorney will then create a strong defense based on the evidence against you and other facts of your case.

Being Under The Influence Of Legal Drugs

Many people are often surprised to learn that they could face DUID charges due to the effects of legal medications prescribed by their doctors. You could face DUID charges for being under the influence of over-the-counter or prescription medication, even if you were following your doctor’s orders. Common legal drugs that often lead to DUID charges include pain relievers and Vicodin. The focus is on whether a drug-impaired your driving ability, irrespective of whether the drug is legal or illegal.

The police may require the help of a drug recognition expert to prove that a driver is under the influence of drugs. This is an expert with special training, enabling them to recognize drug influence and impairment in motorists. The law enforcement officers must prove that your driving was affected by drugs and you could not engage in safe driving or exercise the caution of a sober person.

Penalties Of A DUID Charge

Unless you have a history of DUI convictions, a DUID charge is often a misdemeanor offense. The penalties for a first-time violation may include 2-day imprisonment in county jail, a fine ranging between $400 and $1,000, attending a substance abuse course, and engaging in community work.

A second offense committed within seven years of the first offense is punishable with a fine ranging between $750 and $1,000. You could face a jail time of up to six months and attend a drug treatment program.

A third DUID offense is an automatic felony punishable with an imprisonment of one year and a fine of up to $5,000. You may have committed prior crimes in Nevada or another state. A driver will face enhanced charges if another person dies or is injured during their drugged driving.

Fighting A DUID Conviction

Some of the defenses that your attorney can use to fight drug crime charges are:

  • The police had no probable cause to arrest you

  • The police did not follow the proper arrest procedures

  • Improper handling of the blood samples

With a strong defense, your attorney may negotiate with the prosecutor to reduce or even drop your charges.

Find An Experienced Las Vegas Bail Bond Agent Near Me

After a DUI arrest, the police will hold you in jail, awaiting the court hearing. However, you don’t have to remain in jail until trial. Express Bail Bonds can help you post bail in Nevada to get out of jail. You will reunite with your family and have enough time to prepare for trial. For reliable bail bond services in Las Vegas, NV, contact us at 702-633-2245 and speak to one of our agents.