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NRS § 484C.110 – DUI of Drugs (DUID) in Nevada

In Nevada, you can be charged with DUI of drugs (DUID) if you get caught driving under the influence of drugs such as

DUID is punished largely the same as a DUI of alcohol.

Graphic that shows typical penalties for 1st conviction of driving under the influence of drugs in Nevada, including a suspended jail sentence, driving with an IID, fines, Victim Impact Panel, and DUI School
In most cases, jail is not mandatory for a misdemeanor DUID-first as long as you pay the fines and attend DUI school and a victim impact panel. You can even continue driving during the 185-day license revocation if you keep an ignition interlock device in your car.

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.

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

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:

  1. 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
  2. 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 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

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.

Packets of tablets and capsules next to car keys on a wooden table
You can be convicted of DUID even if you were not impaired.

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.

“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

Driver holding pills while having one hand on the wheel, which may lead to a DUID charge in violation of NRS 484C.110
Under Nevada DUI law, driving with an impairment from taking narcotics is punished the same as driving under the influence of alcohol.

3. Penalties

Going to jail is rare for a first-time DUID in Nevada. However, jail is mandatory for any successive convictions unless 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:

  • 2 days to 6 months in jail or 24 hours to 96 hours of community service (the court typically orders a suspended jail sentence of 6 months)
  • DUI School (an alcohol awareness program that the student pays for)
  • $400 to $1,000 in fines plus court costs
  • Victim Impact Panel
  • 185-day driver’s license suspension, though it may be possible to drive right away with an ignition interlock device
2nd DUI (within 7 years) Misdemeanor:

  • 20 days to 6 months in jail or residential confinement
  • $750 to $1,000 in fines or equivalent number of hours of community service
  • Victim Impact Panel
  • An alcohol/drug dependency evaluation (costs $100)
  • 1 year driver’s license suspension, though it may be possible to drive right away with an ignition interlock device

It may be possible to do DUI Treatment Court in lieu of jail.
3rd DUI (within 7 years) Category B felony:

  • 1 to 6 years in Nevada State Prison
  • $2,000 to $5,000 in fines
  • Victim Impact Panel
  • 3-year driver’s license suspension or revocation, though it may be possible to drive right away with an ignition interlock device
  • An alcohol & drug evaluation3

It may be possible to do Felony DUI Treatment Court in lieu of prison.
DUI causing substantial bodily harm or death (NRS 484C.430) Category B felony:

  • 2 – 20 years in prison if there is only injury
  • 2 – 25 years in prison if there is death and you have no prior DUIs
  • 5 – 25 years in prison if there is death and you have one or two prior DUIs
  • $2,000 to $5,000 in fines
  • 3-year driver’s license suspension or revocation, though it may be possible to drive right away with an ignition interlock device4

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.
Car key next to pills and lines of cocaine and a glass of vodka
DUID suspects must submit to a blood test.

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 7 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:

  1. the DMV case, and
  2. 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.

Car key next to marijuana and a joint on a white table
Many people caught driving high are also caught possessing drugs in the car.

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

Learn how to reduce a DUI to reckless driving in Nevada.

Daytime closeup of a hand on a steering wheel holding a joint in an act of DUID
Driving high on pot is illegal even though Nevada permits possession of up to 2.5 ounces of recreational marijuana.

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.

  1. 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.
  2. 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 had current certification. If there is any question that your blood test results may have been compromised, the prosecutor may agree to drop the charge.
  3. 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 cannot 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.

Car key next to a prescription pill bottle and pills and a pair of sunglasses
You can get convicted of DUID due to prescription medication.

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.

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.

Man holding four pills in one hand and a glass of beer in the other next to his car keys
Felony DUID convictions cannot be sealed from your criminal record in Nevada.

Additional Reading

For more in-depth information, refer to these scholarly articles:

Legal References

  1. NRS 484C.110. See also Lindesmith v. State (Nev.App. 2023) No. 85640-COA;  Whisler v. State (2005) 121 Nev. 401.
  2. NRS 484C.160; NRS 484C.150. See also State v. Jones, (1995) 111 Nev. 774, 895 P.2d 643, 111 Nev. Adv. Rep. 76.
  3. NRS 484C.400. SB 309 (2025).
  4. NRS 484C.430. AB 4 (2025).
  5. NRS 483.460.
  6. NRS 179.245.
  7. INA 237(a)(2)(B)(ii); 8 USC 1227(a)(2)(B)(ii).
  8. NRS 179.245; NRS 179.255.

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