Nevada’s DUI and Marijuana

One of the most common drug offenses in Nevada is possession and consumption of marijuana. Driving under the influence of marijuana has the same harsh DUI penalties as drunk driving does. And even if you are not technically under the influence of marijuana while driving, there is still a chance of being convicted of “Nevada DUI of Marijuana” if your blood or urine has sufficient traces of it. Cannabis metabolites remain in the blood stream much longer than any illegal substance. These remnants can remain in the system for several weeks even if the user did not consume any marijuana on the day of the DUI arrest. It is important to seek for an expert DUI attorney in Las Vegas to help get your case either reduced to a lesser charge or even dismissed.

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Marijuana Consumption and DUI

Nevada Revised Statute Section 484C.110:

Per Se Laws on DUI of marijuana in Nevada makes it a crime to drive if any of the following condition is true:

• Your blood contains 2 nanograms per ml. of marijuana OR 5 nanograms per ml. of marijuana per metabolite, or
• You have ingested marijuana “to a degree which renders you incapable of safely driving or exercising actual physical control of a vehicle,” or
• Your urine contains 10 nanogram per ml. of marijuana OR 15 nanograms of marijuana per metabolite

Having traces of marijuana in your system is sufficient for law enforcers to arrest you for DUI violation, it is deemed as “illegal per se” by Nevada laws even if you are driving safely.

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The Arrest

If the law enforcers pull you over, the offices would ask questions, most likely ask you to take a Preliminary Breath Test (PBT), or observe your behavior. Passing the breath test is not enough; the law enforcers may suspect that you have ingested marijuana rather than alcohol if any of the following are true:

• Dilated pupils.
• Smell of Marijuana.
• Failed the Field Sobriety Tests (FSTs)
• Body or eyelid tremors
• Showing signs of short-term memory impairment
• Relaxed and uninhibited behaviors.

There is a chance that an officer with specialized Drug Recognition Evaluation (DRE) training will join in the investigation. The officers would check your pulse, dry mouth, or blood pressure. If the officers found any marijuana possession, you will be charged with Nevada Revised Statute Section 453.336 or known as Possession of Marijuana Laws in Nevada.

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Nevada Revised Statute Section 484.160: Chemical Testing

Once a driver is pulled over in Nevada for DUI suspicion, the law assumed that every driver have given “implied consent” to evidentiary tests such as urine and blood testing. For DUI of marijuana, the law enforcers can order up to 3 samples within 5-hour time span following the initial arrest. Nevada Marijuana DUI measures the amount of delta-9-tetrahydrocannabinol (THC) in the driver’s blood or urine by chemical tests. Your personal tolerance to marijuana, how much you ingested, and how concentrated the THC was, can be determined on their system.

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Suspension of Driver’s License

You can keep your driver’s license until the results come back from the lab and found positive for marijuana. Once positive, Nevada DMV would notify you by mail that your license has been suspended and you have a right to a Nevada DMV hearing to contest it.

The Penalties

Las Vegas DUI marijuana laws usually charges misdemeanor offenses. The prosecutor will bring felony charges if:

• You have 2 DUI convictions in the last 7 years.
• The incident resulted in an accident that caused serious injury or killed another person.

Las Vegas DUI with marijuana conviction is almost identical to regular Nevada DUI penalties.

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First offense:

• 2 days to 6 months in jail or 24-hours to 96-hours of community service.
• Nevada DUI School (at your expense)
• $400 to $1,000 fines plus court costs
• Nevada Victim Impact Panel
• Suspension of driver’s license for 90 days

Penalties could be doubled if the alleged DUI happened in a work zone.

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Second Offense within 7 Years:

• Residential confinement or 10 days to 6 months in jail.
• $750 to $1,000 fines or commensurate hours of community service.
• Nevada Victim Impact Panel
• A $100 alcohol/drug dependency evaluation.
• DUI Court – An alcohol or drug abuse treatment program.

Penalties could be doubled if the alleged DUI happened in a work zone.

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Third Offense within 7 years

• 1 to 6 years in prison.
• $2,000 to $5,000 fines
• Nevada Victim Impact Panel
• Suspension or revocation of driver’s license
• Alcohol and drug evaluation.
• 2 to 20 years in prison
• $2,000 to $5,000 fines
• If the driver has 3 or more DUI convictions, the charge will be promoted to Vehicular Homicide. The incarceration for Nevada vehicular homicide is 25-years or life sentence with possible parole after 10 years.

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Nevada DUI of Marijuana causing injury or death

• 2 to 20 years in prison
• $2,000 to $5,000 fines
• If the driver has 3 or more DUI convictions, the charge will be promoted to Vehicular Homicide. The incarceration for Nevada vehicular homicide is 25-years or life sentence with possible parole after 10 years.

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The Defense: Establishing Probable Cause

Surprisingly, there are chances of having your DUI marijuana case reduced to a lesser charges like reckless driving or simple possession, or even get dismissed. Getting a skilled Las Vegas DUI attorney who is knowledgeable on Nevada laws can help you explore these possibilities:

• Law enforcer’s mistakes and faulty equipments give inaccurate results.
• Insufficient or lack of probable cause.
• You are not under the influence of marijuana.

Being charged with Nevada marijuana DUI is a serious case and should be handled by lawyers who have extensive experience in criminal defense. Ross Goodman is skilled not only with DUI laws, but also with Nevada statutes which are the strictest in the country. And with his aggressive defense, he successfully wins even the most complex cases. Contact attorney Ross Goodman and get help with your DUI and marijuana case.