The use of kava tea is becoming increasingly popular across the nation. In Reno, it’s easy to find a kava spot to sit and relax. Kava is a sedative tea, and it is often served in a bar setting. People sometimes refer to these spots as “sober bars,” but that label isn’t quite accurate. Kava has a numbing effect on both the mind and the body.
Thus far, the law has mostly stayed away from regulating or outlawing kava, but drinking kava and driving could have serious consequences. It may slow down your reaction times, creating a hazard on the road. Furthermore, it could have legal consequences.
We don’t encourage you to drink kava and drive, but doing so is still technically legal. Even so, police could use kava to arrest you for a DUID (driving under the influence of drugs) charge.
Here are some important facts about the legality of drinking kava and driving.
There Is Currently No Testing for Kava
There are ways to test for kava in the system. Currently, however, authorities have not included those tests in DUID arrests. Blood tests for narcotics can generally show traces of cocaine, heroin, meth, and so forth.
Therefore, if you are accused of driving under the influence of kava, there will be no conclusive proof of the accusation. This will be helpful in your case, as the evidence could boil down to your word vs. the police’s.
Not All Illegal Drugs Show Up in Testing
The conclusion above will help your case, but it may not completely protect you. Many drugs don’t show up in testing, but if the police believe your driving was impaired, you could still be charged and convicted of a DUID.
Using perfectly legal prescription drugs, for instance, could still result in a DUID arrest. If anything impairs your driving, the results could be the same. Police could, theoretically, charge someone with a DUID if they had too much coffee and drove erratically.
Getting Pulled Over After You’ve Had Kava
Since drug testing doesn’t reveal all possible drugs, police rely heavily on their judgement in a DUID arrest. They keep a close eye on a driver’s behavior, dilated pupils, and so forth.
If you’ve had any kava, even just a sip, and you get pulled over, remain silent. You may need to answer some basic questions like your name and address, but beyond that, you have no obligation to tell the police anything. Don’t answer questions about where you’ve been or where you’re going. Don’t fall for questions like, “What are you on right now?”
Don’t give the police any reason to believe your driving was impaired. Even if you’ve got an open cup of kava in the cupholder, don’t answer any questions about it.
If your driving was erratic, the police may be able to charge you with reckless driving. This is a heavy charge, and it requires a legal defense. It is not, however, as bad as a DUI or a DUID.
If you’ve been charged with a DUI or a DUID, call our firm at (775) 502-1575 right away. We can act fast, and we may be able to prepare a defense for you. You can also use our online contact form.