Do Drugged Driving Accidents Differ Legally From Drunk Driving in Las Vegas?
When it comes to impaired driving, most people think of drunk driving, but drugged driving is a growing issue across Nevada, with serious legal implications. Both forms of impaired driving carry significant risks, leading to accidents, injuries, and even fatalities. While Nevada law treats drunk and drugged driving similarly in some respects, there are key differences in how these cases are approached. Mainor Ellis understands these distinctions can be crucial for victims seeking compensation after an accident.
1. Legal Standards for Impairment
Nevada sets clear legal limits for blood alcohol concentration (BAC) to determine intoxication in drunk driving cases. The legal BAC limit is 0.08% for drivers over 21, and lower limits apply to commercial drivers (0.04%) and drivers under 21 (0.02%). If a driver exceeds these limits, they are considered legally impaired and can face DUI charges.
However, there is no universally accepted limit for drugged driving. Instead, Nevada relies on “per se” limits for certain drugs, like marijuana and certain controlled substances, where the presence of a specific amount of the drug in a driver’s blood or urine establishes impairment. For example, Nevada’s per se limit for marijuana is 2 nanograms per milliliter in blood or 10 nanograms per milliliter in urine. Unlike alcohol, where levels are well-researched, drugs can affect individuals differently, making drugged driving cases more complex.
2. Challenges of Proving Drugged Driving
Proving impairment due to drugs can be more challenging than for alcohol. BAC tests provide a reliable, standardized way to measure alcohol impairment, but drug tests lack that uniformity. Drugs can remain in the system long after impairment subsides, meaning a positive test doesn’t always indicate the driver was under the influence at the time of the accident. For instance, marijuana can stay in a person’s system for days or even weeks, depending on usage.
In drugged driving cases, law enforcement typically relies on observations from officers, such as erratic driving, slurred speech, or poor coordination. Often, Drug Recognition Experts (DREs) are called in to evaluate signs of impairment, but these observations are not as definitive as BAC tests, which can lead to complications in personal injury cases if the other party disputes the impairment.
3. Legal Consequences for Drugged and Drunk Driving
Despite these differences, Nevada law treats drugged and drunk driving offenses similarly in terms of penalties. Both can result in fines, license suspensions, mandatory substance abuse treatment, and even jail time. Repeat offenses and accidents involving injury or death can lead to felony charges, with harsher penalties.
From a personal injury perspective, proving that the at-fault driver was impaired—whether from alcohol or drugs—is key in building a strong case. In Nevada, victims may be able to claim damages for medical expenses, lost wages, property damage, and pain and suffering. Evidence of drug or alcohol impairment can also open the door for punitive damages, which aim to punish the reckless behavior.
4. Implications for Personal Injury Claims
In a personal injury claim, showing that the at-fault driver was impaired strengthens the case and can increase the potential compensation. But because proving drug impairment is often more difficult than proving alcohol impairment, collecting evidence is essential. Witness statements, police reports, and expert testimonies can play a crucial role in establishing impairment.
Consult an Attorney for Your Case
For victims of drugged or drunk driving accidents, navigating Nevada’s legal landscape can be overwhelming. At Mainor Ellis, our Las Vegas Drunk or Drugged Driving Accident Lawyers have extensive experience handling impaired driving cases and understand the nuances involved in drugged versus drunk driving accidents. We work diligently to gather the necessary evidence and pursue the maximum compensation for our clients. If you or a loved one has been impacted by an impaired driver, reach out to us to learn about your rights and options.
Source:
dmv.nv.gov/pdfforms/qtdui.pdf
