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DUI and Marijuana

Nevada DUI Charges involving Marijuana

DUI and marijuanaDriving under the influence is most commonly thought of as a crime involving alcohol. In Las Vegas, Nevada, the charge can apply in cases involving controlled substances, prescriptions, and marijuana as well.

DUI charges can result even if you have a medical marijuana card in your name.

If you have been arrested in Las Vegas for driving under the influence of marijuana, contact LV Criminal Defense to start your defense as soon as possible.

How does a blood test for marijuana work in a Las Vegas DUI case?

If a police officer pulls you over because he or she suspect that you are driving under the influence, he or she will request that you take a blood test to confirm that you have been smoking cannabis.

A blood test will be used to look for “metabolites,” which is marijuana residue in the body that can last a long time after you have gotten sober. Using certain calculations, the test can show whether the driver was likely under the influence when arrested. This is a complex matter that will usually require an expert witness to testify for the state.

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Nick Wooldridge has a long track record of representing clients accused of serious federal and state crimes in Nevada.

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What are defenses to driving under the influence of weed in Las Vegas?

First, these are not defenses to driving under the influence of marijuana:

  • Your driving ability was not impaired by the cannabis and
  • You have a legal prescription for medical marijuana in Nevada.

If the metabolites in your blood are above a certain legal limit, you can be convicted of DUI of marijuana in Las Vegas, even if the pot is from a legal prescription.

Why is Nevada medical marijuana usage not a defense to driving under the influence?

The Nevada courts have answered this common question. Although the courts understand that medical marijuana is legal in this state, they say that cannabis is different than other prescriptions. Other prescriptions have exact dosages which are controlled by a pharmacy and a doctor. They usually have very specific warnings, such as warnings not to drive while taking them. Marijuana is much different than other drugs because it does not have these features. Although an argument can be made that marijuana is safer than many of these other prescriptions, for now, the Nevada courts do not treat marijuana the same.

More Information

The penalties for driving under the influence of marijuana in Las Vegas depend on whether this is your first DUI , your second DUI , or third DUI  in seven years. Whether the crime is charged as a felony or misdemeanor will also depend on whether the DUI involves a serious injury or death of another person.

If you have been arrested for driving under the influence of marijuana, you need the assistance of aggressive Las Vegas defense counsel as soon as possible.

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