Category Archives: Prescription Drugs DUI/DWI

Treatment Programs for DUI Offenders in Nevada

When someone is charged with a Driving Under the Influence (DUI) in Las Vegas and/or in other parts of Nevada, they do not only get consequences of prison time or fines: a DUI treatment program (or attending a DUI school) is mandated by the court. This is to prevent offenders from doing the same thing again by educating them more about DUI and the threats it could pose both in their and other people’s lives. DUI treatment programs can also vary depending on the frequency of the offense. To learn more, read below.

 

First and second DUI in Nevada

A defendant against DUI can apply for a treatment program even before the sentencing. For a first time defender, one can only be eligible if they had been verified as an alcohol or drug abuser by a physician (for this matter it’s a physician authorized by the law enforcement), they already spent at least 24 hours in jail for the offense, and they have agreed to shoulder the payment for the treatment. This goes as well for a second DUI in Nevada; the only difference is you need to had served at least five days in jail.

 

Take note that these treatment programs take time to complete, usually they are three to six months in length which will surely disrupt your daily routine.

 

Third DUI offense

DUI treatment programs are not available for third DUI offenders due to the fact that the accused is ought to stay for a long time in prison when convicted and because they will attend heftier programs such as a Nevada Victim Impact panel.

 

There are numerous DUI schools in Nevada that criminal justice attorneys can recommend. It is imperative that you be present in all of your classes as not going or not finishing a DUI treatment program can mean another set of charges. Now, completing your designated DUI treatment programs entails reducing of penalties.

 

Penalties for DUI in Nevada is imposed not just to punish offenders but also to remind them about the real dangers of DUI that they forget whenever they start drinking or ingesting drugs.

 

If you ever commit charges of DUI again even after a lengthy DUI treatment program then maybe there really is an inward problem that you need to deal with. However, if you firmly believe that you were falsely accused and you already have learned your ways (thanks to the treatment program), then enlist a DUI lawyer to help solve your case.

Blood Tests in DUI: How Do They Work?

When pulled over for DUI (Driving under the Influence), a police officer can request a blood test to be drawn from you. This is to determine if you really were intoxicated at the time of the arrest and therefore had violated DUI laws in Nevada. To learn more about how blood test works in DUI and how your DUI attorney can help, read this post further.

 

When is a blood test for DUI required?

It is during a suspect drug driving where a police officer will request for you to have a blood testsimply because drugs cannot be detected through breath, rendering Breathalyzers useless. If you are arrested for alcohol, you cannot have the option for either a breath or blood test. Choosing a blood test is costly, not just in time but also in money as you have to shoulder the payment for the particular examination.

 

When can you refuse a blood test?

A blood test is a form of evidentiary testing and rejecting it can be an obstruction to legal proceedings enforced in Nevada. This is the reason why you cannot refuse a blood test unless you are only being indicted by the arresting police officer for alcohol.

Refusal of a blood test in DUI could lead to the suspension of your driver’s license for a year. This is also detrimental to your case as refusal can be used as evidence that you are guilty of hiding something from the arresting police officer.

 

How is blood test conducted?

When the police had decided that you need to have a blood test to prove your intoxication, you will be taken to a licensed testing facility for booking. A licensed physician, a phlebotomist, an emergency medical technician, and a registered nurse are only some of the professionals that can draw blood for you. With the assistance of your DUI attorney, you can request a separate blood test for yourself with results that you can use to counter false positive outcomes in court.  

 

How do you fight charges made by a faulty blood test?

A blood test in DUI is easily contested. Since you have no way of knowing if your blood test is actually handled well or not tapped at all, you can challenge the accuracy of the results by stating that faulty equipment was used during the testing and that it was performed by incompetent or uncertified professionals. Of course, if you are going to use this defense, you need solid proof gathered by you and your DUI attorney.

 

Another defense that you can use is the simplest one: you are not under the influence of drugs at all. And if you were, it was due to involuntary intoxication.

 

Blood testing is a testament to the firmness of Nevada law to convict those who are guilty of DUI. To avoid finding yourself being sentenced as one, you need the help of a DUI attorney during the blood testing and through the trial, if it gets pushed through.

Different Types of Controlled Substance Possession in Nevada

Owning or holding on to what Nevada considers as a controlled substance without proper prescription leads to a drug charge in Nevada. According to the Nevada Revised Statutes, a person who “knowingly or intentionally possesses a controlled substance, unless the substance was obtained directly from, or pursuant to, a prescription or order of a physician…” is guilty of certain punishments according to the type of controlled substance discovered. Read further for more information.

 

Types of substance possession

When arrested for possession of controlled substance, your drug chargeswill be classified into one of these certain nature of offenses:

 

1.  Actual possession of narcotics

This is the most common form of possession: when the substance is actually found on you, usually anywhere on your body, the clothes you are wearing, and the packs that you are carrying.

 

2.  Constructive possession of narcotics

This is when the controlled substance is found in a place that you own or have control over such as a house, a vehicle, and even rented storage areas.

 

3.  Joint possession of narcotics

It is joint possession of narcotics when two people share control of illegal drugs. Note that it does not matter whether you are using or not. The mere fact that you have knowledge that drugs are being stored by your friend on an area that you also own is an offense in Nevada.

 

Possession of drug charges

Like we said, penalties of a drug chargedepend largely on the Schedule of the drugs found on you.

 

Schedules I, II, III, IV

For a first and second offense on these schedules, a person will be imposed of category E felony in Nevada. One to four years in prison and a fine of not more than $5,000 are some of the punishment that category E felony entails. A third offense is a category D felony and apart from the fines that it entails, an additional $20,000 might be added.

 

Schedule V

Similar to the other Schedules, the first and second offense of this schedule is a category E felony while a third offense is also a category D felony but without added fines.

 

Marijuana

Anyone who is discovered of possessing one ounce or less or marijuana is guilty of misdemeanor for first and second offense. Gross misdemeanor for third offense and category E felony for fourth offense.

 

Possessing controlled substance is closely monitored and harshly penalized in Nevada as without doing so, a lot of people can long and ultimately be dependent on drugs. If faced with drug chargesin Nevada, know that you can fight for your freedom especially if the arrest was unlawful and the overall case is fabricated to suit a plaintiff’s accusations. Consult a drug defense lawyer today.

What Items are Considered as Drug Paraphernalia in Nevada?

Without drug paraphernalia, people cannot manufacture, transport, and use the substances themselves. This is the very reason why drug paraphernalia are also outlawed in Nevada.

 

According to Las Vegas and the State’s drug laws, if you are caught with kits and other equipment used to create drugs or to introduce drugs into the body, even with the absence of the drug itself, you can be penalized. Read further to learn the drug paraphernalia definitionand to know what is considered drug paraphernaliain Nevada.

 

Drug paraphernalia definition

An equipment, product, or material is considered as drug paraphernalia when they are used for planting, cultivating, harvesting, packaging, storing, ingesting, injecting, and inhaling drugs among others.

 

The Nevada Revised Statutes 453.554 provided a thorough list of what items can be considered as drug paraphernalia. Below are a few of the items mentioned.

  • Isomerization devices
  • Separation gins
  • Blenders
  • Bowls
  • Containers
  • Spoons
  • Capsules
  • Pipes
  • Bongs

 

Hypodermic syringes, needles, and other instruments used to dispense drugs through subcutaneous, intramuscular or intravenous is not included. This is because the Syringe Access Bill was enacted to help people buy syringes in case of emergency and be out of potential legal obligation.

 

For the full list, you can read the NRS Section here.

 

Despite this, the Nevada court will still look into other factors to see if anything discovered on your person or in your home can be treated as drug paraphernalia or if it is just a plain old item that happens to be within the place of arrest. The factors include:

  • Statements by the owner or anyone found in control of the item
  • Prior convictions
  • The proximity of the object to controlled substances
  • Residue of controlled substances found in the item
  • Other direct or circumstantial evidences

 

Penalties according to drug paraphernalia laws

Like we said, possessing drug paraphernalia even without the existence of drugs can mean an arrest and eventual conviction in Nevada. You will be sentenced with a misdemeanor charge if the items found in your possession are considered as drug paraphernalia which has up to six months in jail and fines of $1,000 as penalties.

 

To curb drugs, the State of Nevada is also vigilant against the tools that are used to administer them. If you are currently battling violation of drug paraphernalia lawsand you believe that the item confiscated from you is far from being one, let your voice be heard through the help of a criminal defense lawyer.

Prescription and Over-the-Counter Drugs That Could Get You a DUI/DWI Charge

Attorney Ross Goodman
520 S 4th St,
Las Vegas, NV 89101
Phone: (702) 383 – 5088
Fax: (702) 385 – 5088


1

Illegal drugs and alcohol are not the only substances that can affect drivers. Over-the-counter and prescription drugs can also impair drivers on the road. Here are some types of prescription and over-the-counter drugs that could cause a driver’s impairment:

OVER-THE-COUNTER DRUGS

Antihistamines

This type of drug comes in pills, tablets, capsules or liquids that are used to treat allergies. A driver who took an antihistamine could have slow reaction time while driving any may have impaired coordination.

Analgesics/non-steroidal inflammatory drugs

Pain medications usually don’t have side effects. Some people that have taken ibuprofen in the right dosage do not feel any effects such as dizziness and drowsiness. However, people who are a bit older or people who have taken a higher dosage of analgesics may experience impairment. One option is to ask your physician for a prescribed analgesic that doesn’t have any side effect.

Cough and cold preparations

Decongestants are the most common cure for colds. Most decongestants can cause drowsiness and blurry vision that could affect drivers while driving. Only some people can afford prescription medicines in treating allergies that cause colds. Prescribed medicines for allergic rhinitis are non-sedating, unlike over-the-counter drugs that could cause different effects to the driver.

Anti motility agents

Most anti-diarrheal loperamides have labels that advise people to be cautious while driving or operating machinery after drinking the drug. Although it is just an opioid receptor, loperamide can cause drowsiness and dizziness.

Sleeping aids

Some people suffer from insomnia that is why they turn to sleeping aids. It could have instantaneous effect or may kick in after a while. But its effect and its purpose is to help people sleep. Even after waking up from a sleep, residual effects of sleeping pills may impair drivers.

PRESCRIPTION DRUGS

Anxiety drugs

Medications for anxiety usually reduce brain activity as part of the treatment. The common effects of this type of drug are clumsiness and lack of energy which could be dangerous for people who are driving. Other effects include blurred vision, impaired judgement and confusion.

Antidepressants

Some anti-depressants are sedating. They could have similar effects like that of taking an alcohol.

All of these drugs are legal. Some people really need to take them for treatment but irresponsible use may cause danger on the road. If you are taking medicine, determine or examine yourself if you can really drive smoothly. In case you need a DWI defense attorney, Attorney Ross Goodman can provide you excellent legal services. Just call (702) 383 – 5088 for a free consultation.