Can You Get a DUI for Prescription Medications in Nevada?
When most people think of DUI (Driving Under the Influence), they often associate it with alcohol or illegal drugs. However, in Nevada, you can also face DUI charges if you are found to be impaired while driving under the influence of prescription medications. Many prescription drugs, even those legally prescribed by a doctor, can impair your ability to operate a vehicle safely, leading to serious legal consequences.
Attorney Josh Tomsheck, a board-certified criminal defense attorney at Hofland & Tomsheck, has successfully defended numerous clients charged with DUI for driving while impaired by prescription medications. This blog explores the legal implications of driving under the influence of prescription medications in Nevada, the types of medications that could lead to a DUI charge, and how you can build a defense if you are accused.
Nevada’s DUI Laws and Prescription Medications
Under Nevada law, it is illegal to operate a vehicle while under the influence of any substance, including prescription medications, if that substance impairs your ability to drive safely. NRS 484C.110 outlines the state’s DUI law, which applies to alcohol, illegal drugs, over-the-counter medications, and prescription drugs.
In Nevada, a DUI can be charged if you are impaired to a degree that you are unable to safely control your vehicle, regardless of whether the substance causing the impairment is legal or prescribed by a doctor. The key factor in determining whether you can be charged with DUI is whether the medication impairs your mental or physical abilities while driving.
Types of Prescription Medications That Can Lead to a DUI Charge
Not all prescription medications will impair your ability to drive, but there are certain categories of drugs that are more likely to result in impairment. If you take any of the following types of medications, you should be aware of the potential risk of a DUI charge:
1. Opioid Painkillers
Prescription opioids, such as oxycodone, hydrocodone, and morphine, are commonly prescribed for pain relief. However, these medications can cause drowsiness, dizziness, and slowed reaction times, making it dangerous to operate a vehicle. Even if taken as prescribed, opioid painkillers can lead to a DUI if they impair your driving ability.
2. Benzodiazepines
Benzodiazepines, such as Xanax, Valium, and Ativan, are prescribed for anxiety, panic disorders, and insomnia. These medications can cause drowsiness, confusion, and impaired coordination, which may affect your ability to drive safely.
3. Sleep Medications
Prescription sleep aids like Ambien and Lunesta are designed to help individuals with insomnia fall asleep. These medications can impair alertness and reaction times, especially if taken before driving or if they remain in your system longer than expected.
4. Muscle Relaxants
Muscle relaxants, such as Soma and Flexeril, are often prescribed to treat muscle spasms and pain. These medications can cause drowsiness, dizziness, and impaired motor skills, which could result in a DUI if they affect your driving ability.
5. Antidepressants and Antipsychotics
Certain antidepressants and antipsychotic medications may cause drowsiness, confusion, or difficulty concentrating. If these side effects impair your ability to operate a vehicle safely, you could be charged with a DUI.
How Law Enforcement Determines Impairment by Prescription Medications
If a police officer suspects that you are driving under the influence of prescription medications, they may pull you over and administer field sobriety tests. These tests are designed to assess your balance, coordination, and cognitive abilities to determine whether you are impaired. However, it is important to note that field sobriety tests are not always accurate indicators of impairment caused by prescription drugs, as these tests are typically designed to detect alcohol-related impairment.
In addition to field sobriety tests, the officer may request a forensic breath test or blood test to determine whether any drugs are present in your system. Unlike alcohol, for which Nevada has a specific legal limit (0.08% BAC), there are no established legal limits for most prescription medications. Instead, the prosecution must prove that the presence of the drug in your system impaired your ability to drive.
Penalties for DUI Involving Prescription Medications in Nevada
The penalties for a DUI involving prescription medications are similar to those for a DUI involving alcohol or illegal drugs. The severity of the penalties depends on whether it is your first, second, or subsequent offense and whether anyone was injured as a result of your impaired driving.
First Offense DUI (Misdemeanor)
• Up to six months in jail or 48-96 hours of community service
• Fines ranging from $400 to $1,000
• Mandatory attendance at DUI school or a substance abuse treatment program
• 185-day license revocation (or eligibility for a restricted license after installation of a breath, ignition interlock device on any car you have access to)
Second Offense DUI (Within Seven Years – Misdemeanor)
• 10 days to six months in jail
• Fines ranging from $750 to $1,000
• Mandatory participation in a substance abuse treatment program
• One-year license revocation
Third Offense DUI (Within Seven Years – Felony)
• One to six years in state prison
• Fines up to $5,000
• Mandatory attendance at a substance abuse treatment program
• Three-year license revocation
If you are convicted of a DUI involving prescription medications, you may also face additional consequences, such as higher insurance rates, difficulty finding employment, and the loss of certain professional licenses.
Defending Against a DUI Charge Involving Prescription Medications
If you are charged with a DUI for driving under the influence of prescription medications, it’s important to remember that having the drug in your system is not enough to prove impairment. Attorney Josh Tomsheck uses several defense strategies to challenge DUI charges involving prescription medications:
1. Medical Necessity
One defense strategy is to argue that the medication was taken as prescribed and was medically necessary. However, while this may explain why the drug was in your system, it does not excuse impaired driving. Therefore, it’s important to combine this argument with other defenses, such as questioning the accuracy of the field sobriety tests or blood tests.
2. Challenging the Accuracy of Field Sobriety Tests
As noted earlier, field sobriety tests are not always reliable indicators of impairment caused by prescription drugs. Josh Tomsheck challenges the validity of these tests by questioning the conditions under which they were administered, whether the officer followed proper procedures, and whether any other factors (such as medical conditions) affected your performance.
3. Questioning the Legality of the Traffic Stop
In order to stop your vehicle, the police must have reasonable suspicion that you were violating the law, such as speeding or driving erratically. If the officer did not have a valid reason for pulling you over, any evidence obtained during the stop may be inadmissible in court.
4. Cross-Examining Expert Witnesses
In DUI cases involving prescription medications, the prosecution may call upon expert witnesses, such as toxicologists or pharmacologists, to testify about the effects of the medication on your ability to drive. Josh Tomsheck cross-examines these witnesses to challenge their conclusions and demonstrate that the medication did not impair your ability to operate a vehicle safely.
While prescription medications are designed and intended to improve your health and well-being, they can also impair your ability to drive, leading to DUI charges in Nevada. If you are facing a DUI charge involving prescription medications, it is essential to work with an experienced DUI defense attorney who understands the complexities of these cases and can build a strong defense on your behalf.
Attorney Josh Tomsheck has extensive experience defending clients against DUI charges related to prescription medications. He will carefully examine the circumstances of your case, challenge the prosecution’s evidence, and fight to protect your rights and driving privileges. When you were facing charges as serious as a prescription drug DUI, you want to find the best Las Vegas DUI defense lawyer possible.
If you have been charged with DUI for driving under the influence of prescription medications, contact Josh Tomsheck at Hofland & Tomsheck today to schedule a consultation and discuss your legal options.