Understanding Marijuana DUI Charges
Las Vegas, Nevada
DUI charges involving drugs
DUI (driving under the influence) does not only include alcohol. Although a far less common occurrence, a driver may face DUI charges involving drugs like marijuana, cocaine, or pills. In this article, we are covering only marijuana DUI. Many legal rules governing marijuana DUI are also applicable to DUI's involving other drugs. Marijuana DUI and Nevada State Law.
Under Nevada DUI law, it is unlawful for a driver to operate a motor vehicle while he or she is impaired due to a controlled substance or drugs.
Nevada state law and marijuana DUI
Nevada Revised Statute Section 484C.110 states that it is unlawful for a person who is under the influence of a controlled substance such as marijuana to drive or be in actual physical control of a vehicle on a highway or on any premises to which the public has access.
The Nevada Statute at Section 484C.110(3) further provides that if a person is driving under the influence of marijuana is per se intoxicated with at least:
| Substance | Blood |
|---|---|
| Marijuana | 2 nanograms per milliliter |
| Marijuana metabolite | 5 nanograms per milliliter |
Per se intoxicated means that as a matter of law, the individual is intoxicated.
Marijuana metabolite
Marijuana metabolites are the residual THC in your blood after your body has dispensed of marijuana. Please note that metabolites may stay in a person's system up to 30 days after they ingested marijuana. A person can receive a marijuana DUI long after their body is no longer feeling the effects of marijuana.
Medical marijuana license and marijuana DUI
Having a Medical Marijuana License does not allow an individual to drive while under the influence of marijuana.
A Medical Marijuana License is similar to a prescription for marijuana or other drugs but does not protect you from a DUI arrest.
Even though lawfully prescribed, many prescription drugs are considered to be controlled substances. In the state of Nevada, you may be convicted for a DUI for driving while under the influence of such controlled substances even though they were legally prescribed to you by a doctor.
Drug recognition experts
The police have specially trained officers called Drug Recognition Experts or Drug Recognition Evaluators commonly referred to as DRE officers who may be involved in the arrest. These officers are trained to recognize the signs of drug use and impairment.
The DRE officer must consider many factors before establishing probable cause for arrest. Here are a few of them:
- How you walk and your focus
- Eye examination ( bloodshot or watery eyes)
- Memory and ability to concentrate
- Discoloration of mouth and tongue
- The smell of pot in vehicle or person
Only the best-trained officers get it right.
Drugged driving is a serious crime
If you are arrested for DUID (driving under the influence of drugs) in Las Vegas, Nevada, you can face serious criminal charges.
Exercise your legal right to remain silent and seek a good criminal defense attorney to represent you in court.
Penalties for a typical DUID
| Classification / Charge | Penalties |
|---|---|
| 1st Offense / Misdemeanor | Imprisonment 2 days - 6 months or 48 - 96 hours community services plus fine $400 - $1,000 |
| 2nd Offense (within 7 years) / Misdemeanor | Imprisonment 10 days - 6 months, fine $750 - $1,000 plus required to attend a program of treatment for drugs abuse. |
| 3rd Offense (within 7 years) / Class B Felony | Imprisonment 1 - 6 years, fine $2,000 - $5,000 plus required to attend a program of treatment for drugs abuse. |
Marijuana DUI defenses
The fact that the doctor prescribed to the vehicle driver marijuana is not a defense for this type of DUI. However, other arguments could be used to defend your DUID case. They include:
• Probable cause. Evidence will be suppressed if the officer did not have a legal reason to (a) stop, (b) detain, and (c) arrest. Sobriety roadblocks present particularly complex issues.
• Miranda Rights. Incriminating statements may be suppressed if warnings were not given at the appropriate time.
• Driving. In Nevada, intoxication is not enough. The prosecution must also prove that the defendant was driving. This may be difficult if, as in the case of some accidents, there are no witnesses to his being the driver of the vehicle.
We can help
Defending people arrested with DUID and, more specifically, with marijuana DUI is a big part of our legal practice.
We represent clients in Las Vegas, North Las Vegas, Henderson, Laughlin, Mesquite, and throughout Nevada.
The office of Heshmati & Associates provides free consultations for marijuana DUI and other drugged driving charges.
To learn what your legal options are, call the DUI drug defense attorneys at Heshmati & Associates today at 702-432-1000.
