Nevada DUI Laws

In the state of Nevada, driving under the influence (DUI) is an offense that is punishable by law.

Nevada DUI – statute(s)

Nevada DUI – standard

“It is unlawful for any person who: . . . [i]s under the influence of a controlled substance . . . to drive or be in actual physical control of a vehicle on a highway or on premises to which the public has access.” N.R.S. 484C.110(2)(a).

Nevada DUI – applicable substances

Nevada DUI – affirmative defense

“The fact that any person charged with a violation of this subsection is or has been entitled to use that drug under the laws of this State is not a defense against any charge of violating this subsection.” N.R.S. 484C.110(2).

Nevada Per se – statute(s)

Nevada Per se – standard

“It is unlawful for any person to drive or be in actual physical control of a vehicle on a highway or on premises to which the public has access with an amount of a prohibited substance in his or her blood or urine that is equal to or greater than [amounts noted below].” N.R.S. 484C.110(3).

Nevada Per se – applicable substances

Amphetamine (500 ng/ml urine, 100 ng/ml blood); Cocaine / Cocaine metabolite (150 ng/ml urine, 50 ng/ml blood); Heroin (2,000 / 50); Heroin metabolite – Morphine (2,000 / 50); Heroin metabolite 6- monoacetyl morphine (10 / 10); Lysergic acid diethylamide (25 / 10); Marijuana (10 / 2); Marijuana metabolite (15 / 5); Methamphetamine (500 / 100); Phencyclidine (25 / 10). N.R.S. 484C.110(3). Per se – affirmative defense None. Implied consent – applicable drivers Any person who drives or is in actual physical control of a vehicle on a highway or on premises to which the public has access in Nevada. N.R.S. 484C.160(1).

Nevada Implied consent – tests authorized

Evidentiary test of blood, urine, breath or other bodily substance. N.R.S. 484C.160(1). In addition, if “the presence of a controlled substance . . . or another prohibited substance in the blood or urine of the person is in issue, the officer may request that the person submit to a blood or urine test, or both.” N.R.S. 484C.160(6).

Nevada Implied consent – basis for test

LEO must have “reasonable grounds to believe” that driver was in physical control of a vehicle while violating drugged driving laws. N.R.S. 484C.160(1)(a)
If a person fails to submit to a requires test, and the LEO has reasonable grounds to believe that the person is driving in violation of drugged driving laws, “the officer may apply for a warrant or court order directing that reasonable force be used to the extent necessary to obtain samples of blood from the person to be tested.” N.R.S. 484C.160(8)

Nevada Implied consent – evidence of refusal

Evidence of refusal is admissible in any criminal or administrative action arising out of acts alleged to have been committed while the person was driving in violation of drugged driving laws. N.R.S. 484C.240(1).