“Per se” DUI

“Per se” DUI2023-08-28T17:55:09+00:00

Nearly everyone is aware of the “legal limit” for an alcohol DUI (0.08). If you are at or above the “legal limit” for an alcohol DUI (0.08), the law will consider you drunk even if you are not. Thus, if you are driving a vehicle with a BAC that is at or above the legal limit, you will be considered “per se” impaired under Nevada law. Although most people are familiar with the legal limit for “drunken driving”, it surprises many of my clients that there are legal limits for “drugged driving” cases as well. However, the “legal limit” or per se drugged driving cases is limited to “prohibited substances” or street drugs. There is no legal limit for prescription drug DUI’s. To be convicted of DUI based upon prescription drug impairment, the government must prove that you were impaired to a degree that rendered you incapable of safely operating your vehicle. As is relates to street drug DUI’s: 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:


Prohibited substance
Urine (Nanograms/milliliter
Blood (Nanograms/milliliter)
(a) Amphetamine 500 100
(b) Cocaine 150 50
(c) Cocaine metabolite 150 50
(d) Heroin 2000 50
(e) Heroin metabolite:
(1) Morphine 2000 50
(2) 6-monoacetyl morphine 10 10
(f) Lysergic acid diethylamide 25 10
(g)  Marijuana 10 2
(h) Marijuana 15 5
(i) Methamphetamine 500 100
(j) Methamphetamine 25 10