Do You Know Nevada DUI Laws for Prohibited Substances?

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    January 1 2021

    Do You Know Nevada DUI Laws for Prohibited Substances?

    A truck driver could face five counts of DUI resulting in death after he fatally struck a group of cyclists in Clark County. You may think that DUI means the truck driver was allegedly drinking. That is not necessarily true. DUI can mean the driver is impaired by alcohol or drugs. Here, the truck driver was allegedly high on methamphetamine. Below we will provide potentially applicable Nevada DUI laws for prohibited substances. These include the laws for death or substantial bodily harm.

    If an impaired driver injures you, you should seek medical attention immediately. Once you have gotten the injuries tended to, you should seek legal help from a Las Vegas personal injury lawyer. The law firm of Anthem Injury Lawyers has a dedicated team of personal injury lawyers ready to help you with your case. You don’t have to go it alone against insurance companies and other parties whose goal is to keep you from gaining the compensation you deserve. Our Las Vegas car accident lawyers specialize in aggressively representing you so you have the best opportunity to win maximum compensation. Contact us today at (702) 857-6000 to make an appointment for a free consultation.

    What Is a Prohibited Substance?

    Nevada Revised Statute (NRS) 484C.080 defines “prohibited substance.” It can mean any of the following substances:

    • Amphetamine
    • Cocaine or cocaine metabolite
    • Heroin or heroin metabolite (morphine or 6-monoacetyl morphine)
    • Lysergic acid diethylamide
    • Marijuana or marijuana metabolite
    • Methamphetamine
    • Phencyclidine

    What Is Under the Influence?

    NRS 484C.105 defines “under the influence.” Per NRS 484C.105, under the influence means the following:

    • Impaired to a degree that renders a person incapable of safely driving or exercising actual physical control of a vehicle.

    What Are the Prohibited Substances Amounts?

    NRS 484C.110(3) and NRS 484C.110(4) list prohibited substances and amounts.

    NRS 484C.110(3)

    In the list below the first number represents urine nanograms per milliliter. The second number (enclosed in parentheses) represents blood nanograms per milliliter. NRS 484C.110(3) provides the following:

    It is unlawful for any person to drive or be in actual physical control of a vehicle on a highway or on premises to which the public has access with an amount of any of the following prohibited substances in his or her blood or urine that is equal to or greater than:

    • Amphetamine 500 (100)
    • Cocaine 150 (50)
    • Cocaine metabolite 150 (50)
    • Heroin 2,000 (50)
    • Heroin metabolite:
    • Morphine 2,000 (50) (2) 6-monoacetyl morphine 10 (10)
    • Lysergic acid diethylamide 25 (10)
    • Methamphetamine 500 (100)
    • Phencyclidine 25 (10)

    NRS 484C.110(4)

    In the list below, the number represents blood nanograms per milliliter. NRS 484C.110(4) provides the following:

    It is unlawful for any person to drive or be in actual physical control of a vehicle on a highway or on premises to which the public has access with an amount of any of the following prohibited substances in his or her blood that is equal to or greater than:

    • Marijuana (delta-9-tetrahydrocannabinol) 2
    • Marijuana metabolite (11-OH-tetrahydrocannabinol) 5

    If an impaired driver injures you, contact an experienced personal injury lawyer. The experienced team at Anthem Injury Lawyers will work aggressively to protect your rights and help you receive maximum compensation. Maybe you have hesitated to contact a Las Vegas car accident lawyer; you may have worried that a good lawyer would be unaffordable. We work on a contingency basis, so you don’t have to worry about upfront fees. Our law office is in Henderson, Nevada, and we work with clients in Las Vegas and vicinity. Contact us today at (702) 857-6000 to make an appointment for a free consultation.

    What Is the DUI Penalty if Death or Substantial Bodily Harm Results?

    NRS 484C.430 provides the DUI penalty if death or substantial bodily harm results. Section 1 of NRS 484C.430 provides the following:

    Unless a greater penalty is provided pursuant to NRS 484C.440, a person who:

    (a) Is under the influence of intoxicating liquor;

    (b) Has a concentration of alcohol of 0.08 or more in his or her blood or breath;

    (c) Is found by measurement within 2 hours after driving or being in actual physical control of a vehicle to have a concentration of alcohol of 0.08 or more in his or her blood or breath;

    (d) Is under the influence of a controlled substance or is under the combined influence of intoxicating liquor and a controlled substance;

    (e) Inhales, ingests, applies or otherwise uses 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; or

    (f) Has a prohibited substance in his or her blood or urine, as applicable, in an amount that is equal to or greater than the amount set forth in subsection 3 or 4 of NRS 484C.110,

    and does any act or neglects any duty imposed by law while driving or in actual physical control of any vehicle on or off the highways of this State, if the act or neglect of duty proximately causes the death of, or substantial bodily harm to, another person, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 20 years and must be further punished by a fine of not less than $2,000 nor more than $5,000. A person so imprisoned must, insofar as practicable, be segregated from offenders whose crimes were violent and, insofar as practicable, be assigned to an institution or facility of minimum security.

    The consequences for impaired driving are serious. An impaired driving accident can result in injuries and even death. If you are the victim of an impaired driver, contact an experienced Las Vegas lawyer. Anthem Injury Lawyers have experienced impaired driving accident lawyers who are ready to help you. Our Las Vegas car accident lawyers will take on your case and work hard to win for you. All you have to do is recover from your injuries; leave the complexities of your car accident case to us. Contact us today at (702) 857-6000 to make an appointment for a free consultation.

    What Can You Do if You Suspect the Driver Who Caused Your Accident Is Impaired?

    If you are involved in an accident, you may be scared and injured. You may also suspect that the driver who caused the accident is impaired. What can you do?

    • Immediately contact the police. Inform the police that you suspect the other driver was impaired. The police may administer a portable breath test or a standardized field sobriety test. In some instances, a blood draw may be used. The police report and any test results can be important evidence in supporting your case.
    • If you are injured, get medical help immediately. Do not hesitate to seek medical care.
    • Collect evidence from the scene. This includes the names and contact information for relevant witnesses and the responding police officer(s).
    • Contact an experienced personal injury lawyer. Contact Anthem Injury Lawyers today at (702) 857-6000 to make an appointment for a free consultation.

    EXPERIENCED LAS VEGAS PERSONAL INJURY LAWYERS

    Has an impaired driver injured you in the Las Vegas area? You should speak with an experienced personal injury lawyer. Award-winning personal injury law firm Anthem Injury Lawyers is a team of experienced, dedicated personal injury lawyers based in Henderson, Nevada. With over 25 years of experience, Anthem Injury Lawyers specializes in personal injury claims. Don’t forget: If you cannot visit our Las Vegas area office, we can come to you to discuss your car accident case. Time is of the essence: let’s schedule your meeting with us so we can learn the facts about your Las Vegas car accident case. Call us at (702) 857-6000 to make an appointment for a free consultation.

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