Molly and DUI

Drugs and MoneyThe drug “Molly” has made some splashy headlines lately — “Mulling on Molly: Investigating the Dangers of a Club Drug” in the New York Times, “Recent Club Deaths Highlight Dangers of Molly” in Forbes, “Scrutiny of ‘Molly’ Party Drug Increases After 4 Deaths” in NPR — so you might think it was something new.

“Molly” has, in fact, been around for a while. It is another name for MDMA, also frequently called Ecstasy. Many people use “Molly” to refer to MDMA in capsule form. The name comes from “molecule,” and it has been used in several recent popular songs, hence the recent hype in the media.

There was a death at the Electric Daisy Carnival in Las Vegas in 2012 attributed to Molly, and there have been incidents  where the Molly distributed at parties is mixed with other substances, which can be very dangerous. People should know all the risks of substances they use. One such risk people do not always consider is the risk of being arrested for driving while intoxicated.

Under Nevada law, there is not a “per se” limit at which point you are automatically considered intoxicated for MDMA, like there is for marijuana, cocaine and heroin. However, the law says it is illegal to drive or exercise actual physical control of a vehicle while under the influence of a controlled substance or a combination of alcohol and a controlled substance to the extent to which the driver is incapable of safely driving.  (Note:  Under Nevada Law, although it is a misdemeanor to drive while under the influence of ecstasy, it is a felony to be found with any amount of ecstasy in your system).

A first conviction for DUI, including DUI with Molly, results in at least 48 hours of imprisonment or 96 hours of community service, $340 in fines, a 90-day driver’s license suspension, among other penalties. Penalties for a second or subsequent offense can go up substantially.

In addition to the risks, people should know their rights. If you are pulled over and the officer believes you are high on Molly or any other drug, he or she will ask you if you have been doing drugs or drinking. You do not have to answer this question. You will be asked to take a DUI breath test.  You may refuse that test. If you have not been drinking, it might be to your advantage to consent to a breath test, as the breath machine, the Intoxilyzer 5000 EN, only measures alcohol in your system.  If you refuse a breath test, the police may take you to take a blood test, which you may also refuse.  If you refuse the police can only take your blood if they obtain a warrant.

At the time of arrest the police will tell you that you do not have a right to attorney. Although you will not be able to speak with a Las Vegas DUI Defense Attorney at the time of the arrest, You do have a right to a Las Vegas DUI defense lawyer after arrest. Your lawyer can advise you and challenge the evidence prosecutors bring forward, as well as represent you in any administrative license suspension hearings.

If you have been arrested for driving while intoxicated with Molly or any other controlled substance in Las Vegas, your best strategy is to immediately contact a criminal defense attorney to protect your rights.

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