Blogs from July, 2018

When a person is too drunk to drive, one of the most common alternatives to intoxicated driving is sleeping in the car. Unfortunately, depending on the circumstances, a sleeping individual can still get a DUI in Nevada.

Is it Illegal to Sleep in your Car in Nevada?

Under certain circumstances, sleeping in a car is illegal and can result in a DUI in Nevada if:

1. The individual is drunk or high, or has an illegal amount of alcohol or controlled substances in the bloodstream.
2. The individual is in “actual physical control” of the car.

The Nevada Supreme Court in Rogers v. State said a person is in “actual physical control” of a motor vehicle “when the person has existing or present bodily restraint, directing, influence, domination, or regulation of the vehicle.” In other words, a sleeping individual is considered to be in control of a vehicle if the key is simply in the ignition—despite the engine not being on. Or if the motorist is asleep in the driver’s seat or the car is parked in an area which suggests that the motorist drove there while intoxicated, he/she can also be convicted of DUI.

At the Law Office of Kenneth A. Stover, we recommend that you do not risk a DUI arrest by sleeping in your car. Instead, contact a sober friend to pick you up, request a ride from Uber or Lyft, or take public transportation home. However, if you do happen to find yourself in such a situation, you need to make it difficult for law enforcement and the prosecution to prove that you were in actual physical control.

The following are steps to avoid getting a DUI for “sleeping it off” in your car:

1. Keep the car keys away from the ignition
2. Store the keys either in the trunk or outside the vehicle, as long as it’s out of arm’s reach
3. Turn the engine off
4. Sleep in the backseat
5. Ensure your vehicle is parked in a legal spot

If you follow these steps, a skilled criminal defense attorney may be able to raise sufficient reasonable doubt as to whether you committed DUI. If the prosecutor cannot prove that you drove while intoxicated, it could be difficult for them to obtain a guilty verdict for drunk driving.

For more information about DUI, contact our Reno DUI attorney and schedule a free consultation today.

While recreational use of cannabis is considered legal for adults 21 years of age or older living or visiting Nevada, driving under the influence (DUI) of marijuana is still treated as a criminal offense that is subject to the same penalties as DUI of alcohol.

According to state DUI laws, a person is deemed under the influence of cannabis if one of the following is true:

1. The substance has impaired the motorist’s ability to safely drive the vehicle.
2. The driver’s blood contains two nanograms per ml. or cannabis or five nanograms per ml. of cannabis metabolite.

If law enforcement pulls you over due to suspicion of driving under the influence, they will typically ask you questions, observe your behavior, and probably ask you to take a preliminary breath test (PBT).

If you pass the PBT, the officer may suspect that you have consumed controlled substances as opposed to alcohol if:

1. You failed the field sobriety tests (FSTs)
2. You smell like marijuana
3. Your eyes are red or your pupils are dilated
4. You exhibit short-term memory impairment
5. Your behavior is particularly relaxed and uninhibited

A police officer may contact a drug recognition evaluation (DRE) officer to join the investigation. The DRE may attempt to determine your pulse, blood pressure, and if you have dry mouth or not. If law enforcement finds probable cause that you have committed a DUI with cannabis, you will be arrested and subject to a chemical blood or urine test.

The penalties for a first-time marijuana DUI offense is punishable by the following:

1. Up to six months in jail or up to 96 hours of community service
2. Maximum fine of $1,000
3. Driver’s license suspension for 90 days
4. Nevada DUI School
5. Nevada Victim Impact Panel
6. A stay-out-trouble order while the case is open

However, many cannabis DUI cases are dismissed or reduced to lesser charges like reckless driving or simple possession. If you have been arrested for a marijuana DUI, it is important to hire a skilled criminal defense attorney to develop a strong defense strategy on your behalf.

For more information, contact our Reno DUI attorney at the Law Offices of Kenneth A. Stover today.