Las Vegas Illegal Substance DUI Attorney Here For You.

It is a serious criminal offense to not only buy or sell drugs, but also to use or be under the influence of drugs in the State of Nevada and you should always consult with a Las Vegas DUI Attorney when this happens. If a police officer finds you without drugs in your possession, but you’re displaying behavior that indicates you are “high,” you still risk the chance of facing a felony conviction that will render on your criminal record for years to come.

→ To learn more about a specific crime, view our State of Nevada Criminal Offense directory.

What IS an Illegal Substance DUI?

It is illegal to use drugs or to be “under the influence” of drugs without a prescription. regardless of whether or not you are in public, if you exhibit any type of behavior that is a result of drug use, you can be charged with “unlawful use of a controlled substance” in Las Vegas, NV.

Please note, however, that unlike the crime of possession, with a DUI, you can still be convicted even if you are not technically “under the influence,”

Also note that it is now legal for adults 21 and older to possess up to one (1) ounce of marijuana in private. Therefore, the police probably will not arrest people for being under the influence of marijuana as long as they are: (1) not in public, (2) 21 or older, and (3) not in possession of more than one ounce of marijuana.


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How to fight an Illegal Substance DUI

No one wants to become arrested for a drug crime in Nevada. Luckily, in most of these cases, your Craig P. Kenny and Associates defense attorney may be able to work out a deal with the prosecutor to have your charges significantly reduced, or in some cases, dismissed completely.

There are various lesser known Nevada DUI arguments that could be used in your defense to lessen or dismiss charges. These arguments include:

Accidental Intake / No Knowledge of Intake. If someone slipped you a drug without your knowledge or you took a drug by accident, then you should not be convicted of using or being under the influence of a controlled substance in Nevada.

It was a prescribed medication. If a medical provider issued you a legal prescription for the drug you were under the influence of, you may use it in accordance with the directions as referenced on prescription and therefore would not be breaking Nevada law. See: Arrested For DUI While on Prescription Medication.

It Was A Legal drug. If the drug is not identifiable in any of the five Nevada drug schedules, then you should not be found guilty of violating NRS 453.411.

Contact Craig P. Kenny and Associates for the best Nevada DUI Defense.

If you or a loved one are in need of the best Las Vegas Criminal Defense attorney, please do not hesitate to contact our office. We have helped countless Nevada residents fight for their rights and in most cases, get DUI cases significantly reduced or dismissed.

las vegas illegal drug defense attorney

Nevada law NRS 484C.110(3) makes it illegal to drive or be in actual physical control of a vehicle with an amount of any of the following prohibited substances found in the blood or urine that is equal to or greater than:

Urine Nanograms / Blood Nanograms
(a) Amphetamine: 500 / 100
(b) Cocaine: 150 / 50
(c) Cocaine Metabolite: 150 / 50
(d) Heroin: 2,000 / 50
(e) Heroin Metabolite:
a. Morphine 10 10
b. 6-monoacetyl morphine 10 10
(f) LSD: 25 / 10
(g) Methamphetamine: 500 / 100
(h) PCP: 25 / 10

Illegal Substance DUI FAQ
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las vegas alcohol dui attorney

Under Nevada law NRS 484C.110 a person can be charged with DUI alcohol in one of two situations.

(1) If that person is found to have a concentration of alcohol of 0.08 (BAC) or more in his/her blood or breath within 2 hours of driving and or being in actual physical control; or

(2) If that person is found to be under the influence of alcohol to a degree which renders them incapable of safely driving or exercising actual physical control of a motor vehicle.

How is the Blood Alcohol Content (BAC) tested?

In Clark County, blood alcohol (BAC) testing typically occurs one of two ways:

1) Breath Test Using the Intoxilyzer 8000; or

2) Blood Draw performed by a medical professional

Alcohol DUI FAQ
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las vegas marijuana dui attorney

Although the recreational use of marijuana is now legal in Nevada, driving under the influence (DUI) of marijuana is still a criminal act and is treated with the same level of severity as a DUI of alcohol. In Nevada, a driver can be charged with DUI marijuana if they are found to have as little as:

2 nanograms per milliliter of Marijuna (delta-9-tetrahydracannabinol) in their blood OR

5 nanograms per milliliter of Marijuna metabolote (11-OH-tetrahydrocannabinol).

How is a Person’s THC Level Determined?

Much like alcohol, blood draw testing is used to determine a driver’s THC levels. However, DUI of marijuana are typically very difficult for a prosector to prove. A Las Vegas criminal defense attorney may be able to get the charges reduced or dismissed entirely. Hiring a DUI attorney should not even be a question as a DUI conviction will remain on your record for at least seven (7) years before you can explore having it sealed.

Marijuana DUI FAQ
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illegal prescription medication use lawyer

Unlike alcohol, marijuana (THC), and the prohibited substances noted above, Nevada law does not prescribe threshold nanogram amounts for prescription drugs such as Xanax, sleeping medication, SOMA, and muscle relaxers.

However, prosecutors will typically attempt to prosecute prescription drug DUIs under the catch-all provision of NRS 484C.110(2)(c) which makes it illegal to “inhale, ingest, applies or otherwise use 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.”

How are prescription drugs tested for?

Much like alcohol and marijuana (THC), prescription drugs will be tested for using a blood draw test.

How can the court prove I was under the influence of a prescription drug?

A prosecutor will have to show that the prescription drug in the blood stream rendered the driver incapable of safely operating a motor vehicle.

To do this, a toxicologist may be necessary to offer expert testimony that the amount of prescription drug found in the blood stream was found to be at a higher level than considered “therapeutic”. Also, that expert toxicologist may need to testify to the level of impairment expected with that level of prescription drugs in the blood stream.

Prescription Drug DUI FAQ
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Do you need legal representation? Call the best Las Vegas Criminal Defense Law Firm (702) 380-2800