Las Vegas Marijuana DUI Attorney.

Even though the recreational use of marijuana is now legal in Nevada, driving under the influence (DUI) of marijuana is still considered a criminal act and treated as severely as the act of DUI of alcohol. Below we will describe the penalties, proceedings, and options for the residents if charged with a Las Vegas DUI of marijuana:

  • Jail Time: 2 days to 6 months in jail (this can be reduced to 24 to 96 hours of community service depending on the judge;)
  • DUI Education: 8-Hours of Nevada DUI School;
  • Monetary Fine: $400 to $1,000 (in addition to court costs;)
  • Participation: on the Nevada Victim Impact Panel;
  • License Suspension: a 90-day drivers license suspension (180-day suspension after October 1st, 2018;)

Nevada DUI laws define a person as “under the influence of marijuana” if:

  1. The driver’s ability to operate a motor vehicle safely has been impaired, OR
  2. The drivers blood contains 2 nanograms per milliliter of Marijuna (delta-9-tetrahydracannabinol) OR 5 nanograms per milliliter of Marijuna metabolote (11-OH-tetrahydrocannabinol).

Although a DUI conviction will remain on the person’s record for at least seven (7) years before it may be sealed, a great criminal defense attorney may be able to get your charges reduced or dismissed entirely. To better assist you on your request for information, we’ve composed a list of our most frequently asked questions by our clients. See below:

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1. Can I get a DUI in Nevada for driving high?
2. What is the Nevada DUI arrest process like?
3. Can I refuse a blood test after a Marijuana DUI?
4. Will my driver’s license be suspended after a marijuana DUI arrest in Nevada?
5. How do I fight marijuana DUI charges in Nevada?
6. Can I go to jail for marijuana DUI in Nevada?
7. How long until I can seal my Nevada Marijuana DUI case?
8. Can I get deported for a marijuana DUI conviction in Nevada?

las vegas marijuana dui attorney

Although the recreational use of marijuana is now legal in Nevada, driving under the influence (DUI) of marijuana is still a criminal act and is treated with the same level of severity as a DUI of alcohol. In Nevada, a driver can be charged with DUI marijuana if they are found to have as little as:

2 nanograms per milliliter of Marijuna (delta-9-tetrahydracannabinol) in their blood OR

5 nanograms per milliliter of Marijuna metabolote (11-OH-tetrahydrocannabinol).

How is a Person’s THC Level Determined?

Much like alcohol, blood draw testing is used to determine a driver’s THC levels. However, DUI of marijuana are typically very difficult for a prosector to prove. A Las Vegas criminal defense attorney may be able to get the charges reduced or dismissed entirely. Hiring a DUI attorney should not even be a question as a DUI conviction will remain on your record for at least seven (7) years before you can explore having it sealed.

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las vegas alcohol dui attorney

Under Nevada law NRS 484C.110 a person can be charged with DUI alcohol in one of two situations.

(1) If that person is found to have a concentration of alcohol of 0.08 (BAC) or more in his/her blood or breath within 2 hours of driving and or being in actual physical control; or

(2) If that person is found to be under the influence of alcohol to a degree which renders them incapable of safely driving or exercising actual physical control of a motor vehicle.

How is the Blood Alcohol Content (BAC) tested?

In Clark County, blood alcohol (BAC) testing typically occurs one of two ways:

1) Breath Test Using the Intoxilyzer 8000; or

2) Blood Draw performed by a medical professional

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las vegas illegal drug defense attorney

Nevada law NRS 484C.110(3) makes it illegal to drive or be in actual physical control of a vehicle with an amount of any of the following prohibited substances found in the blood or urine that is equal to or greater than:

Urine Nanograms / Blood Nanograms
(a) Amphetamine: 500 / 100
(b) Cocaine: 150 / 50
(c) Cocaine Metabolite: 150 / 50
(d) Heroin: 2,000 / 50
(e) Heroin Metabolite:
a. Morphine 10 10
b. 6-monoacetyl morphine 10 10
(f) LSD: 25 / 10
(g) Methamphetamine: 500 / 100
(h) PCP: 25 / 10

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illegal prescription medication use lawyer

Unlike alcohol, marijuana (THC), and the prohibited substances noted above, Nevada law does not prescribe threshold nanogram amounts for prescription drugs such as Xanax, sleeping medication, SOMA, and muscle relaxers.

However, prosecutors will typically attempt to prosecute prescription drug DUIs under the catch-all provision of NRS 484C.110(2)(c) which makes it illegal to “inhale, ingest, applies or otherwise use any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders the person incapable of safely driving or exercising actual physical control of a vehicle.”

How are prescription drugs tested for?

Much like alcohol and marijuana (THC), prescription drugs will be tested for using a blood draw test.

How can the court prove I was under the influence of a prescription drug?

A prosecutor will have to show that the prescription drug in the blood stream rendered the driver incapable of safely operating a motor vehicle.

To do this, a toxicologist may be necessary to offer expert testimony that the amount of prescription drug found in the blood stream was found to be at a higher level than considered “therapeutic”. Also, that expert toxicologist may need to testify to the level of impairment expected with that level of prescription drugs in the blood stream.

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