Is a Prescription Drug DUI Possible
Driving on Nevada roadways with prescription drugs in your system just got a little more precarious. The Nevada Legislature recently amended Nevada’s DUI laws to include administrative (non-criminal) sanctions for prescription drug DUI’s. Prior to the new law becoming effective, the DMV could only revoke (administratively) a driver’s driving privileges in connection with alcohol DUIs and non-prescription drug (i.e., illegal “street drugs”) DUIs. The new law provides that the DMV must revoke the driver’s license of any motorist arrested for suspicion of DUI whose blood or urine contains “a detectable amount of a controlled substance for which he or she did not have a valid prescription.”
Is the Revocation Mandatory?
The revocation is mandatory and triggers whether you are criminally convicted of DUI or not. Additionally, the revocation triggers whether you are sober or not; no matter how insignificant the amount, you need only have a “detectable amount” of a prescription drug in your system. The length of the administrative revocation is 90 days.
What Happens if I Drive Anyway?
Driving during your revocation period is a serious offense. In addition to mandatory jail time (minimum of 30 days), you will also lose your privileges to drive for an additional 12 months on top of the 90 days you are already facing. You do have the right to challenge the revocation. Possessing a valid prescription for the substance is an affirmative defense to the revocation. The new law became effective June 9, 2015 so if you were arrested for a prescription drug DUI on or before June 8, 2015, you do not have to worry about an administrative license revocation (though you may still receive a criminal-conviction license revocation). If you have any questions or concerns about the new law and/or the DMV Hearing, contact DUI Lawyers of Las Vegas to schedule a free and confidential consultation.
