In the state of Nevada, the culture and laws around marijuana use have seen significant changes in recent years. With the legalization of recreational marijuana for individuals who are 21 years of age or older, many citizens might wonder how these changes affect driving regulations, particularly regarding DUIs. ATAC LAW is here to provide clarity on the implications of driving under the influence of marijuana and the related legal consequences in Nevada.
Although Nevada has welcomed the legal use of marijuana for adults, the state draws a clear line when it comes to driving under the influence of this substance. Similar to alcohol-related DUIs, driving while impaired by marijuana remains a punishable offense. The laws and penalties associated with a first-offense DUI of marijuana are comprehensive and aim to dissuade individuals from getting behind the wheel while impaired.
Can Driving High Lead to a DUI Charge in Nevada?
Yes, driving under the influence of marijuana is indeed a punishable offense in Nevada. The legal framework in the state defines a marijuana-related DUI as operating a vehicle after consuming marijuana to an extent that it compromises the individual’s ability to drive safely.
In scenarios where an individual has been convicted of DUI two or more times in the past seven years, charges can be brought about for either impairment due to marijuana regardless of the concentration in one’s bloodstream or for having specific levels of the substance in their blood. These levels are outlined as either 2 nanograms per milliliter of marijuana or 5 nanograms per milliliter of a marijuana metabolite in the blood.
For first and second offenses, the critical factor is the level of impairment due to marijuana consumption, irrespective of the actual amount present in the bloodstream. Any third or subsequent DUI offenses within a seven-year period hinge on either the fact of impairment or the presence of marijuana in the bloodstream above the stipulated levels, also known as a “per se” DUI.
It’s essential to remember that while Nevada allows individuals aged 21 and above to possess up to 1 ounce of marijuana for private use, consuming marijuana in public places remains illegal and is subject to a fine of $600.
What Leads to a Marijuana DUI Arrest?
Marijuana-related DUI arrests begin when law enforcement notices driving behavior that appears out of the ordinary, prompting them to stop the vehicle in question. Once the vehicle is stopped, the officer will engage the driver, evaluating their responses, demeanor, and possibly requesting them to undergo a preliminary breath test (PBT).
If the breath test indicates no alcohol involvement, but the driver fails the field sobriety tests—which include tasks like walking in a straight line or balancing on one leg—the officer may then suspect drug impairment. Other signs such as dilated pupils, the scent of marijuana, impaired short-term memory, involuntary eyelid or body movements, and excessively relaxed behavior further support this suspicion.
At this stage, a specially trained Drug Recognition Evaluator (DRE) might be called to assess additional physiological signs of drug use, including checking the driver’s blood pressure, pulse, and for symptoms like dry mouth.
Should these observations lead the officer to believe there is sufficient evidence, or probable cause, to suggest the driver is under the influence of marijuana, an arrest follows. The individual will then be transported to a station for a blood test, which aims to confirm the presence of marijuana in their system.
Can You Choose Between a Breathalyzer and a Blood Test for a Marijuana DUI?
When it comes to DUI suspicions involving marijuana usage in Nevada, it’s crucial to know that:
- You cannot choose a breath test: Drivers do not have the option to select a breath test over a blood test when suspected of marijuana DUI.
- Implied consent applies: By driving in Nevada, you implicitly consent to a blood test if pulled over for suspected marijuana influence.
- Refusal leads to warrant: Refusing to take a blood test authorizes officers to obtain a warrant for a blood draw, potentially using reasonable force.
- Multiple samples possible: After obtaining a warrant, police can collect up to three blood samples within a five-hour timeframe of the arrest.
- THC measurement: Nevada’s chemical tests aim to measure the THC level in your blood, considering factors such as:
- Your personal tolerance to marijuana
- The THC concentration in the marijuana used
- The quantity of marijuana ingested or smoked
Is There an Immediate Suspension of My Driver’s License After a DUI in Nevada?
If you’re facing a DUI charge in Nevada and worried about the status of your driver’s license, it’s essential to know that:
1. Immediate suspension is not automatic. Initially, your driver’s license will not be suspended immediately after taking a blood test. You’re allowed to retain it until the laboratory results confirm the presence of drugs in your system. Once confirmed, the Nevada Department of Motor Vehicles (DMV) will inform you by mail about the impending suspension of your license, offering you the opportunity to contest the suspension through a DMV hearing.
2. Duration of suspension varies. The period for which your license is suspended increases with the number of DUIs on your record:
- A first-time DUI offense results in a 185-day suspension.
- A second DUI offense leads to a one-year suspension.
- A third DUI offense incurs a three-year suspension.
3. Possibility of continued driving. Following a DUI, you might be eligible to continue driving, provided your vehicle is equipped with an ignition interlock device
Could a Marijuana DUI Land You in Jail in Nevada?
Facing the implications of a driving under the influence (DUI) charge, especially when it involves marijuana, can be complex in Nevada. Whether facing your first offense or a subsequent one, understanding the legal consequences is crucial.
First-Time Offenders: For individuals encountering their first DUI related to marijuana within a seven-year period, and where no severe injury or death occurred, the case is typically treated as a misdemeanor. Defendants can expect:
- A jail sentence ranging from two days to six months, or community service for 24 to 96 hours. Courts often opt for a six-month suspended jail sentence.
- Mandatory attendance at a Nevada DUI school, funded by the accused.
- Fines between $400 and $1,000, plus additional court expenses.
- Participation in a Nevada Victim Impact Panel.
- A 185-day driver’s license suspension.
- A directive to avoid further legal trouble while the case is active.
If the offense happened in a work zone, penalties might be more severe.
Second-Time Offenders: For those with a second DUI involving marijuana within seven years, the charge remains a misdemeanor, provided there’s no association with fatalities or significant injuries. Penalties include:
- Jail time or residential confinement for ten days to six months.
- Fines ranging from $750 to $1,000 or equivalent hours in community services.
- An order to attend a Nevada Victim Impact Panel.
- A mandatory alcohol/drug dependency evaluation.
- One-year suspension or revocation of the driver’s license.
- Completion of an extended alcohol or drug abuse treatment program.
- A prohibition against any new arrests during the case’s duration.
Offenses in work areas may incur doubled penalties.
Third-Time Offenders: A third DUI with marijuana within a seven-year timeframe, not involving death or serious injury, is classified as a category B felony with consequences that include:
- One to six years in Nevada State Prison.
- Fines between $2,000 and $5,000.
- A three-year suspension or revocation of the driver’s license.
- A required alcohol and drug evaluation.
DUI with Serious Outcomes: Incidents resulting in death or major injuries are treated as category B felonies, with sentences stretching from two to twenty years in prison and fines of $2,000 to $5,000. Should there be fatalities and the accused has a history of three or more DUI charges, charges escalate to vehicular homicide, a category A felony, potentially leading to 25 years to life imprisonment, with parole possible after ten years.
Can a DUI Lead to Deportation for Non-U.S. Citizens?
For non-U.S. citizens, the risk of deportation due to a DUI charge varies with the severity and specifics of the offense:
- Misdemeanor DUIs typically do not lead to deportation.
- Felony DUIs may fall into a gray area with potential deportation risks.
- Conviction for possessing over 30 grams of marijuana can result in removal from the U.S.
Non-U.S. citizens facing criminal charges should seek expert legal advice immediately. A proficient attorney might manage to have the charges dropped or lessened to a non-deportable offense, potentially preventing the need to appear in immigration court.
How Can You Successfully Defend Against Marijuana DUI Charges?
Facing charges for driving under the influence of marijuana? You might be surprised to learn that many cases in Las Vegas end up being dismissed or reduced to lesser charges, such as reckless driving or simple possession.
- Could There Be Errors with the Drug Testing?
It’s crucial for your defense team to scrutinize the procedures surrounding the collection and analysis of any blood samples. Mistakes by the police or lab personnel, or contamination of the samples, could undermine the reliability of the test results. Casting doubt on the chemical testing’s accuracy is a solid defense strategy that could lead to dismissal of the case. - Were You Actually Under the Influence?
The signs of marijuana use are commonly misinterpreted and can be misleading. Symptoms like red eyes, lack of coordination, or even a nervous demeanor during police questioning can all have explanations unrelated to drug use, such as lack of sleep or being in a smoky environment. A skilled lawyer can argue that these observations do not conclusively prove impairment due to marijuana. - Is a Medical Marijuana Card a Valid Defense?
It’s important to note that holding a valid medical marijuana card does not exempt you from DUI charges. Impairment while driving, regardless of the legality of the marijuana possession or consumption, remains a prosecutable offense. - Was There Probable Cause for the Stop?
For a traffic stop to be lawful outside of routine DUI checkpoints, police must have a valid reason, or probable cause, to believe a law or traffic rule has been violated. Interestingly, individuals under the influence of marijuana might drive more cautiously. If an attorney at ATAC LAW can show that the officer did not have a legitimate reason to initiate the traffic stop, the charges could potentially be dismissed.
When facing a marijuana DUI charge, securing representation from experienced defense attorneys like those at ATAC LAW is crucial. They can explore these and other defenses to protect your rights and work towards the most favorable outcome in your case.
Is It Possible to Seal My DUI Record in Nevada?
Yes, it’s possible to seal your DUI record in Nevada, but it depends on the nature of the conviction and its resolution:
- Misdemeanor DUI Convictions can typically be sealed seven years after the case concludes.
- Felony DUI Convictions are generally ineligible for sealing.
- Reduced Charges to reckless or careless driving allow for record sealing one year after case closure.
- Dismissed DUI Cases without a conviction can be sealed immediately.
Understanding these conditions can aid in clearing your history and moving forward.
For further legal assistance and to discuss your case with an expert, don’t hesitate to contact ATAC LAW.