Reno Drug DUI Defense Lawyer

More Than 25 Years of Criminal Defense Experience

Having an experienced Reno DUI defense attorney on your side can make a huge difference in your case. If you are caught driving under the influence of drugs in Reno, the consequences are just as serious as a DUI charge.

Depending on the drug, you need not have taken it recently; traces of it may merely be in your system and register on a blood test. A misdemeanor conviction on your record can do substantial damage to your life and future. Don't let one mistake destroy everything.

Our Reno criminal defense lawyer at the Law Offices of Kenneth A. Stover has more than 25 years of experience in the criminal justice system. We are prepared to stand with you.

Request a free consultation with our Reno drug DUI lawyer at (775) 502-1575.

What is a Drug DUI in Nevada?

Under Nevada law, NRS 484C.110 outlines DUI offenses involving drugs. Specifically, it is a crime to:

• Operate or be in physical control of a vehicle while impaired by drugs.
• Have an illegal amount of drugs in your system, even if you are not “impaired” by them in a traditional sense.

Drug DUI charges can apply to both illegal drugs (e.g., marijuana, cocaine, heroin) and prescription medications (e.g., painkillers, anxiety medications, or sleeping pills), as well as over-the-counter medications that impair driving ability.

Unlike alcohol DUI, which is often determined through a BAC test, drug DUI cases are more complex because they involve substances that do not have a simple, uniform measurement for impairment like alcohol does. Instead, officers often rely on field sobriety tests, blood tests, and urine tests to establish impairment, which can be challenged in court.

Penalties for Drug DUI in Nevada

The penalties for drug DUI in Nevada depend on whether the offense is a first offense, second offense, or third offense. Drug DUI penalties are similar to those for alcohol DUI but may carry additional consequences due to the nature of the drug involved, the driver’s prior criminal history, and the circumstances surrounding the arrest.

First Offense

A first-time drug DUI offense in Nevada is typically considered a misdemeanor. Penalties may include:

• Fines: Up to $1,000.
• License Suspension: 90 days (may be eligible for a restricted license after 45 days).
• Jail Time: Up to 6 months in jail (although probation or alternative sentencing may be available).
• Community Service: A mandatory 24 to 96 hours of community service.
• DUI Education Programs: Attendance in a substance abuse education or treatment program.

Second Offense

A second drug DUI offense carries more severe penalties. For a second conviction within 7 years, penalties may include:

• Fines: Up to $1,000.
• License Suspension: 1 year (eligible for a restricted license after 90 days).
• Jail Time: 10 days to 6 months in jail (may be eligible for house arrest or community service).
• Community Service: 100 to 200 hours.
• DUI Education Programs: Completion of a substance abuse treatment program.

Third Offense

A third drug DUI offense is a felony in Nevada and carries the most severe consequences. Penalties may include:

• Fines: Up to $5,000.
• License Suspension: 3 years (restricted license eligibility depends on the circumstances).
• Jail Time: 1 to 6 years in state prison.
• Community Service: 200 to 400 hours.
• DUI Education Programs: Completion of a treatment program.
• Permanent Criminal Record: A felony conviction will remain on your criminal record.

Our Reno drug DUI lawyer can help you navigate the complexities of Nevada's DUI laws, protect your rights, and fight for the best possible outcome in your case.

Know What to Expect in the Event of an Arrest

A DUI can change your life. Our goal as your DUI defense team is to help you get the best possible results for your case. Many factors are considered when charging a DUI, and we can evaluate your case to determine the best way to proceed.

A key point in your case will revolve around a standard of impairment, meaning how impaired were you at the time of the incident? Regardless of drug type in your system, if your reaction time has been compromised, an arrest is likely.

• This standard is most harsh for marijuana users. If you are pulled over and have 2 nanograms, that's two-billionths of a gram, of THC in your system, you are legally considered impaired and can be arrested.
• For other illegal drugs, such as heroin, PCP and LSD, the standard is much higher. Sadly, all three require a fatal overdose to be per se DUI.
• Chemical testing is used to establish impairment in a DUI drug case.

If you are arrested, your driver's license won't be suspended until the tests come back. Without a positive result, your arresting officer and the court has no way of proving whether or not the drug was in your system at the time of the arrest.

You Have Options For Your DUI Defense

Our attorney is rated AV Preeminent® by Martindale-Hubbell®. This rating is evidence of our consistently personalized attention and high standard of achieving the best possible results. We know your options and are able to customize your defense to suit your goals.

There are several potential defenses against drug DUI charges in Nevada, including challenging the legality of the traffic stop, questioning the accuracy of field sobriety or drug tests, and disputing the presence or impairment caused by drugs. A Reno drug DUI lawyer may argue that improper handling of drug samples or inaccurate test results compromised the evidence, or that prescription medications were legally used and did not impair driving.

Other defenses include showing a lack of evidence for actual impairment or demonstrating issues with the chain of custody of drug samples. Each case is unique, and a skilled attorney can tailor the defense to the specific circumstances.

Contact Us Today

There are many procedural tactics to use in any DUI case. After our initial consultation, we evaluate your case and review the evidence the prosecution has gathered against you. Whenever possible, we look for alternatives and diversion programs to help avoid or reduce charges.

Occasionally, in the case of an addiction, the court looks favorably upon an individual's willingness to receive treatment. If that is not an effective strategy in your case, we are more than capable of taking your case to court.

Don't let this mistake ruin your life. Having a proactive criminal defense attorney on your side can completely define your future.

Contact the Law Offices of Kenneth A. Stover for quick access to legal counsel in the state of Nevada. Our drug DUI defense lawyer in Reno can be reached at (775) 502-1575.