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.