Nevada's Drugged Driving Law

Learn about the laws and penalties for driving under the influence of drugs (DUID) in Nevada.

Nevada’s drugged driving law is located at Nevada Revised Statutes Title 43 Section 484.379. It states that: “It is unlawful for any person who is under the influence of a controlled substance or under the combined influence of intoxicating liquor and a controlled substance; or inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders the person incapable of safely driving or exercising actual physical control of a vehicle, to drive or be in actual physical control of a vehicle on a highway or on premises to which the public has access.”

Nevada has what is known as a per se (also known as a “zero tolerance”) prohibition against drugged driving in regard to specific drugs. If the amount of the drug is equal or greater to than the sums below, actual evidence of impaired driving is not necessary.

Drug

Urine/Nanograms

Blood/Nanograms

Amphetamine

500

 100

Cocaine

150

 50

Cocaine metabolite

150

 50

Heroin

2,000

 50

Morphine

2,000

50

6-monoacetyl morphine

10

 10

Lysergic acid diethylamide

25

10

Marijuana

10

 2

Marijuana metabolite

15

 5

Methamphetamine

500

 100

Phencyclidine

25

 10

What drugs are prohibited?

Nevada’s drugged driving law is directed at the prohibition of any controlled substance or " any chemical, poison or organic solvent, or any compound." (A listing of controlled substances regulated by federal law are found at the Drug Enforcement Administration website.) It’s not an acceptable defense to a drugged driving charge to claim that the driver is legally entitled to use the drug.

What happens if a driver is convicted of drug impaired driving in Nevada?

A driver arrested for drugged driving in Nevada will be charged with driving under the influence and subject to DUI penalties. A conviction for drugged driving will be considered as a prior offense for purposes of calculating punishment regardless of whether a subsequent offense is due to alcohol or drugs. Read more about Nevada’s DUI laws.

Do Nevada drivers have to submit to drug testing?

Yes, there is an implied consent rule for blood and urine testing. The refusal to take the test can be admitted into evidence against the driver.

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