In Nevada, you can be charged with DUI of drugs (DUID) if you get caught driving under the influence of drugs such as cocaine, methamphetamine, marijuana, or even a medication your doctor prescribed, such as codeine.
Elements
DUID in Nevada has two main prongs the state has to prove:
- You were driving or in actual physical control of a motor vehicle; and
- You were impaired by drugs, or your blood contained unlawful amounts of drugs.
Penalties
DUID is punished largely the same as a DUI of alcohol in Nevada. A first-time offense in seven years is a misdemeanor, carrying:
- Up to 6 months in jail (usually suspended);
- $400 to $1,000 in fines;
- DUI School;
- Victim Impact Panel; and
- 185-day driver’s license suspension (though you can continue driving with an ignition interlock device)
If there are narcotics found in your car, you could also be charged with illegal drug possession. However, most first- and even second-time possession charges can be dismissed if you complete probation.
Defenses
There are many possible ways to fight Nevada DUID charges, including:
- The police committed misconduct;
- The blood test results were unreliable; or
- No drugs were ingested until after the driving stopped.
In our experience, many Nevada drugged-driving cases involve people who never thought they were doing anything illegal. They may have taken a prescribed medication, used marijuana hours earlier, or simply felt normal enough to drive. Then suddenly a routine traffic stop for a minor traffic infraction turns into a DUI investigation once the officer suspects drugs are involved.
In this article, our Las Vegas DUI lawyers will address the following key issues regarding driving under the influence of drugs in Nevada.
- 1. Elements of NRS 484C.110
- 2. Blood Tests
- 3. Penalties
- 4. Can I drive?
- 5. Charge Reductions
- 6. Defenses
- 7. Immigration Consequences
- 8. Record Seals
- Frequently Asked Questions
- Additional Reading
1. Elements of NRS 484C.110
For you to be convicted of driving under the influence of a controlled substance in Nevada, prosecutors must prove beyond a reasonable doubt that you were either:
- Driving after ingesting, inhaling, or injecting “a chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders you incapable of safely driving or exercising actual physical control of a vehicle,” OR
- Driving with an amount of a prohibited substance in your blood or urine that is equal to or greater than:
| Urine | Blood | |
| Nanograms | Nanograms | |
| Prohibited substance | per milliliter | per milliliter |
| (a) Amphetamine | 500 | 100 |
| (b) Cocaine | 150 | 50 |
| (c) Cocaine metabolite | 150 | 50 |
| (d) Heroin | 2,000 | 50 |
| (e) Heroin metabolite: | ||
| (1) Morphine | 2,000 | 50 |
| (2) 6-monoacetyl morphine | 10 | 10 |
| (f) Lysergic acid diethylamide | 25 | 10 |
| (g) Marijuana (only for third- or successive DUIs in a seven-year period) | no urine test, just blood | 2 |
| (h) Marijuana metabolite (only for third- or successive DUIs in a seven-year period) | no urine test, just blood | 5 |
| (i) Methamphetamine (Meth) | 500 | 100 |
| (j) Phencyclidine (PCP) | 25 | 10 |
So it is unlawful per se in Nevada to operate a motor vehicle with blood or urine that contains the minimum prohibited amount of drugs, even if you are driving safely and not impaired.
Note that it makes no difference if the drug is an unlawful controlled substance, a prescription medication like Ambien or Vicodin, an over-the-counter med like NyQuil, or any other substance that can cause you to lose control of the car or to drive unsafely.1
We often see prosecutors try to prove drug impairment through the officer’s observations, such as allegedly poor driving, slurred speech, unusual behavior, or performance on field sobriety tests. Blood-test results can be important as well, but the presence of a drug does not always tell the whole story about whether you were actually impaired while driving.
DUI of Marijuana
DUI of marijuana is a little different from DUI of other drugs in Nevada.
With a DUI of marijuana, you cannot be convicted of a first or second DUI unless you are actually impaired. It does not matter how high your marijuana blood levels are.
The only time having 2 ng/ml of marijuana in your blood counts against you is if you are being charged with your third DUI. In that case, you can be convicted based on your blood levels alone, even if you were unimpaired.
With all other drugs, you can be convicted of drugged driving based solely on your drug-blood levels and/or being impaired. It does not matter whether it is your first, second, or third DUI case.
2. Blood Tests
You are required to provide a blood sample following a DUID arrest in Nevada. You cannot elect to take a breath test because breathalyzers measure only BAC (blood alcohol content), not drug content.
When you are initially pulled over on suspicion of driving under the influence, the officer may order you to perform field sobriety tests (FSTs) and to take a preliminary breath test (PBT). Failing the field sobriety tests but passing the breath test is a sign to law enforcement that you may be under the influence of narcotics rather than alcohol.
At that point, the police may call for officers with specialized training in drug recognition evaluation (DREs) to take over the investigation and determine whether probable cause exists for an arrest.
Clients often assume that a positive blood test automatically proves drugged driving. It does not necessarily tell the whole story. We look closely at when the blood was drawn, how the sample was collected and stored, the laboratory’s testing procedures, and whether the reported drug level actually supports the state’s claim that you were impaired while driving.
“Implied Consent”
As a driver in Nevada, you are assumed to have given implied consent to submit to a blood and/or urine test if you are ever pulled over on suspicion of driving under the influence of drugs.
When you refuse to take a blood test for the purposes of determining DUID, the police will confiscate your driver’s license and use reasonable force, such as constraining you, in order to have the test administered by a medical professional.
A refusal to take the chemical test can also be used against you as evidence in a criminal trial.2
3. Penalties
Going to jail is rare for a first-time DUID in Nevada. However, jail is mandatory for any successive convictions (though the required jail time is lessened if you are admitted into the rehabilitation program called DUI Court).
DUID punishments are virtually identical to drunk driving penalties, and they increase with each successive offense, as the following table shows. It does not matter whether the prior offenses involved alcohol instead of drugs.
| DUID Offense | Criminal Sentence in Nevada |
| 1st DUI (within 7 years) | Misdemeanor:
It may be possible to do DUI Treatment Court, a rehab program carrying one day in jail. |
| 2nd DUI (within 7 years) | Misdemeanor:
It may be possible to do DUI Treatment Court, a rehab program carrying five days in jail. |
| 3rd DUI (within 7 years) | Category B felony:
It may be possible to do Felony DUI Treatment Court, a rehab program carrying six months of house arrest. |
| DUI causing substantial bodily harm or death (NRS 484C.430) | Category B felony:
Note that if you have three or more previous DUI convictions, then a fatal DUI will be charged as vehicular homicide (NRS 484C.440) – a category A felony. The prison term is upped to 25 years or a life sentence, with the possibility of parole after 10 years. |
In our experience, clients are often surprised to learn that a drug DUI can carry many of the same consequences as an alcohol DUI. Even a first case can mean fines, DUI school, a victim impact panel, driver’s license consequences, and other court requirements, while repeat offenses and cases involving injury or death can become much more serious.
4. Can I drive?
If you are arrested for DUID in Nevada, you can usually continue driving until the blood test results return positive, which may take weeks. When you receive the DMV’s suspension notice in the mail, please let us know right away so we can request a hearing to contest the suspension.
You can then continue to keep driving until, if and when, the DMV hearing judge rules against you. If you do not request a hearing, your license suspension will begin on the date specified in the DMV letter, usually within seven days.
The length of a DUID license suspension is the same as in DUI cases, and it increases with each successive offense, as the following table shows. It does not matter whether your prior offenses involved drugs or alcohol.
| DUI Offense | Length of Nevada Driver’s License Revocation |
| First offense (within 7 years) | 185 days, though it may be possible to continue driving immediately with an ignition interlock device. |
| Second offense (within 7 years) | 1 year, though it may be possible to continue driving immediately with an ignition interlock device. |
| Third offense (within 7 years) or any other felony DUI | 3 years, though it may be possible to continue driving immediately with an ignition interlock device..5 |
Note that each DUI arrest begins two cases:
- the DMV case, and
- the criminal case.
Even if you win the DMV case, you will still get your license revoked if you lose the criminal case. The only way to avoid a license suspension is to win both cases.
One of the first questions clients ask us after a DUID arrest is whether they can keep driving. The answer depends on what happened in the case and the status of your license. We handle both your criminal case and DMV case.
5. Charge Reductions
It may be possible to get DUID reduced to reckless driving in Nevada if we can show prosecutors that the state’s evidence is questionable. The main advantage of getting a first-time DUID reduced to reckless driving is that any future DUI arrest would count as a first-time offense, not a successive one.
Another advantage is that a reckless driving conviction can be sealed from your criminal record after only a one-year period once the case closes. Misdemeanor DUIDs must remain on your record for seven years.6
In our experience, getting a DUID charge reduced often comes down to identifying weaknesses that give us negotiating leverage. Questions about whether you were actually impaired, problems with the traffic stop or blood test, and inconsistencies in the officer’s observations can all matter. When the evidence supports it, we use these issues to push for a reduced charge or dismissal rather than simply accepting the original DUI charge.
Learn how to reduce a DUI to reckless driving in Nevada.
6. Defenses
Here at Las Vegas Defense Group, we have represented literally thousands of people charged with DUI of drugs. In our experience, the following three defenses have proven very effective with Nevada prosecutors, judges, and juries at getting DUID reduced to reckless driving or dismissed.
- The police committed misconduct. Perhaps the police officer did not have reasonable suspicion to make the original traffic stop. Or perhaps the police administered the field sobriety tests incorrectly. In many cases, police mistakes could be enough to get a DUID charge dropped.
- Your blood results were inaccurate. We investigate every aspect of your blood draw, including the chain of custody of the samples and whether the lab techs were certified. If there is any question that your blood test results may have been compromised, the prosecutor may agree to drop the charge.
- There was no DUID. Perhaps you did not start ingesting drugs until after being pulled over by the police. Or if there was an accident, perhaps you did not start taking drugs until after getting out of the car. If we can show that any drug use occurred after you stopped driving, the DUID charge should not stand.
Note that it is not a defense to any DUI charge that you were driving safely and did not seem impaired. As long as you have illegal amounts of drugs in your blood, you are committing DUID.
In sum, the strongest defense depends on what actually happened. In the DUID cases we handle, we look closely at why the police stopped the vehicle, what supposedly showed impairment, how field sobriety tests were conducted, and how blood samples were collected, stored, and tested. Weaknesses in any of these areas may give us grounds to challenge the state’s case.
7. Immigration Consequences
Driving under the influence is usually not a deportable offense. However, when drugs are involved, things are less certain.7
Therefore, if you are a non-citizen charged with DUID, you should contact an experienced attorney to fight to get the charge dropped or reduced.
When a DUID client is not a U.S. citizen, we take immigration consequences seriously before resolving the criminal case. The precise risk can depend on the drug involved, the charge, the person’s immigration status, and how the case is ultimately resolved, so a seemingly favorable plea should not be accepted without considering its potential immigration effects.
8. Record Seals
A misdemeanor DUID conviction in Nevada can be sealed seven years after the case closes. However, if your DUID conviction is a felony, it must remain on your record forever.
Meanwhile, any charge that gets dismissed can be sealed immediately.8 Learn how to seal criminal records.
We recommend petitioning for a record seal as soon as you are eligible. A clean record opens up more possibilities for employment, education, housing, and professional licenses.
Frequently Asked Questions
What prescription drugs can lead to a DUI in Nevada?
Many prescription medications can potentially lead to a Nevada DUI if they impair your ability to drive safely. Common examples include opioid pain medications such as codeine, hydrocodone, morphine, oxycodone and meperidine (Demerol), as well as prescription sleeping medications such as Ambien (zolpidem) and Lunesta (eszopiclone).
Other medications may also affect driving. The FDA warns that certain prescription and over-the-counter drugs can cause drowsiness, dizziness, blurred vision, slowed or uncoordinated movement, or difficulty concentrating.
Having a valid prescription does not automatically protect you from a DUI charge. Nevada law specifically provides that being legally entitled to use a drug is not a defense if you were driving under the influence of it.
Can prescription painkillers cause a DUI in Nevada?
Yes. Prescription opioid painkillers can impair the mental or physical abilities needed to drive safely. Examples include oxycodone, hydrocodone, codeine and morphine.
The FDA lists drowsiness and dizziness among the common side effects of opioid pain medicines. Oxycodone’s prescribing information also warns that the medication may impair a person’s ability to perform potentially hazardous activities such as driving.
Therefore, you can potentially be arrested for DUI even if you took the medication exactly as prescribed. The important legal issue is whether the drug caused impairment or whether another applicable provision of Nevada’s drugged-driving law was violated.
Can Ambien or other sleeping pills cause a DUI?
Yes. Prescription insomnia medications can impair driving both while the medication is active and, in some cases, the following morning.
The FDA specifically warns that sleep medications can reduce a person’s ability to perform activities requiring alertness, including driving. This includes medications containing zolpidem (Ambien) and other sedative-hypnotic sleep medicines.
You do not necessarily have to feel extremely sleepy to be affected. Residual medication in the bloodstream can impair alertness and driving ability the morning after a sleep medication was taken.
What is “sleep-driving” after taking Ambien or another sleeping pill?
“Sleep-driving” is a type of complex sleep behavior in which a person drives while not fully awake and may have little or no memory of doing so afterward.
The FDA has issued a boxed warning concerning complex sleep behaviors associated with certain insomnia medicines, including zolpidem (Ambien), eszopiclone (Lunesta), and zaleplon (Sonata). Reported behaviors include sleepwalking and driving while not fully awake.
If you operate a vehicle while impaired by a prescription sleeping medication, the fact that the driving occurred during a sleep-related episode does not by itself prevent a Nevada DUI charge.
Is there a legal blood-level limit for prescription drugs in Nevada?
There is no single blood-concentration limit that applies to all prescription medications in Nevada. In prescription-drug DUI cases, the applicable legal theory depends on the particular substance and the evidence.
Nevada law prohibits driving while under the influence of a controlled substance, and a lawful entitlement to use a drug does not necessarily provide a defense to an impairment-based DUI charge. Nevada law also contains separate rules concerning specified prohibited substances, so whether a particular concentration matters depends on the drug and the applicable statutory provision.
Additional Reading
For more in-depth information, refer to these scholarly articles:
- Drunk versus drugged: How different are the drivers? – Drug and Alcohol Dependence.
- Repeat DUI Offenders Who Have Had a Drug Diagnosis: Are They More Prone to Traffic Crashes and Violations? – Traffic Injury Prevention.
- Driving under the influence of drugs – Wires Forensic Science.
- Drugs and Driving – Traffic Injury Prevention.
- The use of psychoactive prescription drugs among DUI suspects – Drug and Alcohol Dependence.
Legal References
- NRS 484C.110. See also Lindesmith v. State (Nev.App. 2023) No. 85640-COA; Whisler v. State (2005) 121 Nev. 401.
- NRS 484C.160; NRS 484C.150. See also State v. Jones (Nev. 1995) 895 P.2d 643.
- NRS 484C.400. SB 309 (2025).
- NRS 484C.430. AB 4 (2025).
- NRS 483.460.
- NRS 179.245.
- INA 237(a)(2)(B)(ii); 8 USC 1227(a)(2)(B)(ii).
- NRS 179.245; NRS 179.255.
