Under the Influence of a Controlled Substance offense in Las Vegas, Nevada is a Felony. Consuming any drug including Marijuana without a prescription is a violation of the law and could result in a Felony charge. Unlike a DUI charge where you have to be under the influence and operating a motor vehicle to be charged, the only conduct required to be charged with Under the Influence of a Controlled Substance is to consume the drug. For example, if Casey decided to smoke marijuana in his home, and after he smoked he decided to take his dog for a walk if the police came into contact with him, and had probable cause to arrest him and secured a search warrant for his blood, he would be charged with Felony Under the Influence of a Controlled Substance. To be clear, no other illegal conduct is required other than consuming the drug, to be charged with this Felony offense, even if possession of said drug, as in the example, marijuana, is only a misdemeanor under Nevada law.
In Las Vegas, the District Attorney typically brings this type of Felony case in addition to a DUI offense. Because, if the police collect your blood for a DUI offense and drugs are present they can and will charge you for both the Misdemeanor DUI and Felony Under the Influence of a Controlled Substance offense. Depending on the facts and circumstances of your case a conviction of Under the Influence of a Controlled Substance offense in Las Vegas can land you in prison anywhere from 1-4 years and a fine of up to $5,000.
Many factors go into the defense and a resolution of a Under the Influence of a Controlled Substance offense, and it is imperative to hire an experienced Criminal Defense Attorney who has defended these charges multiple times which resulted in dismissals, a reduction of charges and drug treatment without jail. Las Vegas Criminal Defense Attorney Michael A. Troiano is experienced in defending his clients for a variety of drug charges, ranging from a first time possession of drugs and/or paraphernalia charge, to the most serious of Trafficking offenses. He will discuss all possible defenses on your Under the Influence of a Controlled Substance offense and work towards a dismissal or reduction to a lesser non drug related charge and help you avoid prison.