What is not legal is driving under the influence of pot and is handled the same as a DUI for alcohol. The penalties, for the first offense, include:
Two days to six months in jail (may be modified to 24 – 96 hours of community service).
- Nevada DUI School (at the arrestee’s expense)
- Fines can range from $400 to $1,000 (plus certain court costs)
- Driver’s license may be suspended for 90-days (a restricted license after 45 days is a court option)
- A ‘stay-out-of-trouble- order’ while the case remains open (just don’t get any further arrests)
Nevada DUI laws say an individual is under the influence of pot if:
- The substance has impaired the driver’s ability to safely drive, or
- The driver’s blood comprises 2 nanograms per ml of pot, or 5 nanograms per ml. Of marijuana metabolite
Regardless, DUI of marijuana can be difficult for prosecutors to prove. An experienced criminal defense lawyer may get the charges slashed to reckless driving — or completely dismissed. Without an experienced criminal defense lawyer, a DUI conviction remains on a driving record for at least seven years.
Frequently Asked Questions
Can I get a DUI for ‘driving high’?
Yes. Nevada’s definition of ‘DUI with marijuana’ makes it a crime to drive when the driver has ingested pot which makes the driver unable of safety driving.
How do marijuana DUI arrests happen?
Police, who observe erratic driving, may initiate a traffic stop and the officer will ask questions, observe the driver’s behavior and even, possibly, ask the driver to take a breath test.
If the driver passes the breath test, the officer might think the driver has ingested drugs instead of alcohol if the driver smells of pot.
Does the driver have a choice between a breath or blood test following a marijuana DUI arrest?
No. Drivers suspected of DUI for drugs don’t have the option of a breath test and must have a blood test. Each driver is assumed to have given ‘implied consent.’
Will a driver’s license be suspended following a marijuana DUI arrest?
No right away. When a DUI arrestee takes a blood test, they may keep their driver’s license until the lab results are returned. If the lab results are positive for drugs, the state’s DMV will notify the driver of a license suspension. The license holder may request a state DMV hearing.
How can I fight DUI (marijuana) charges?
A large number of Las Vegas DUI (marijuana) cases get tossed out — or reduced to lesser charges.
Will I go to jail?
Possible. Not usual for a first offense, but punishments gets harsher with each succeeding DUI conviction — especially if the incident ended in injury or death.
If you are arrested for DUI with marijuana, call Nicholas Wooldridge immediately Mr. Wooldridge has years of success in achieving a favorable resolution. For non-citizens, Mr. Wooldridge is extra careful to ensure the criminal case does not threaten a residential status.