In Nevada, recreational use of marijuana is legal for adults over the age of 21. However, driving while impaired by marijuana—often referred to as a Marijuana DUI—remains a criminal offense. Nevada state law treats this as seriously as driving under the influence of alcohol, with strict penalties and repercussions. This guide will thoroughly explore the laws and penalties related to Marijuana DUIs in Nevada.
The Consequences of a Marijuana DUI Conviction in Nevada
Facing a Marijuana DUI conviction in Nevada shouldn’t be taken lightly. A conviction carries a range of punishments that can profoundly impact your life. It’s important to understand what you could be up against if you’re convicted of a first-time Marijuana DUI offense.
- Incarceration or Community Service: One of the more severe penalties includes incarceration ranging from 2 days to as long as 6 months. Alternatively, you could be required to perform community service for 24 to 96 hours.
- Nevada DUI School: You’ll also be expected to enroll in a state-approved Nevada DUI School at your own expense. This mandatory program is designed to educate you on the risks and repercussions of impaired driving.
- Financial Penalties: Monetary fines are another common punitive measure. These range from $400 to $1,000, not including any additional court-associated costs that may accrue.
- Nevada Victim Impact Panel: Attendance at a Nevada Victim Impact Panel is also required. Here, you will hear first-hand accounts from individuals directly or indirectly affected by drunk driving incidents.
- License Suspension: There will be a 185-day period during which your license will be inactive. However, there are some exceptions where you could return to the road sooner if an ignition interlock device is fitted to your vehicle. This equipment requires a breath sample before your car’s engine can be fired up.
- Conditional Good Behavior: During your case proceedings, you will be under a conditional order to maintain good behavior, including avoiding further arrests.
By Nevada law, a Marijuana DUI is when you are so impaired by marijuana to operate a vehicle safely. Note that for first and second DUIs, the quantity of marijuana in your blood isn’t considered unless you have at least two prior DUIs within the past seven years.
For those with two or more prior DUIs, charges can be leveled for driving while impaired by marijuana or for having a blood concentration of at least 2 nanograms for every milliliter of marijuana (THC) or 5 nanograms for every milliliter of marijuana metabolite (11-OH-tetrahydrocannabinol).
Prosecutors may face challenges in proving a Marijuana DUI charge, and this is where a skilled criminal defense attorney can be invaluable. They might be able to negotiate a reduction of the charge for reckless driving or potentially achieve a complete dismissal of the charges.
However, if you’re convicted, the DUI record stays on your file for at least seven years before it can be sealed. This stain on your record can affect various aspects of your life, including job opportunities, housing applications, and more.
Driving under the Influence of Marijuana in Nevada: Legal Definitions and Consequences
Understanding the legal definitions and potential consequences of driving under the influence of marijuana is critical for any driver in Nevada. It’s important to note that Nevada’s laws don’t just target reckless or erratic driving but also consider the amount of marijuana or its metabolites in your system. So, let’s dive deeper into this matter.
Nevada’s legal framework is explicit about the ramifications of operating a vehicle while under the influence of marijuana. Specifically, the law states that if your ability to drive safely is compromised due to marijuana use, you could face DUI charges.
Importantly, the accumulation of DUI offenses can significantly escalate the potential consequences. For instance, if you have two or more DUIs within the past seven years, you could face enhanced penalties, including a DUI conviction for:
- Driving while impaired by marijuana, regardless of the amount of marijuana in your blood; or
- Having a blood content of either:
- 2 nanograms for every milliliter of marijuana, also known as delta-9-tetrahydrocannabinol (THC); or
- 5 nanograms for every milliliter of marijuana metabolite, which is specifically known as 11-OH-tetrahydrocannabinol.
The nuances of the law become apparent when considering first-time or second-time DUI offenders. In these cases, the charges brought against you hinge solely on your perceived impairment due to marijuana, irrespective of the quantity of THC or its metabolite in your blood.
However, the legal landscape shifts for individuals charged with a third or subsequent DUI within seven years. In these instances, you could face charges not only for driving while impaired by marijuana but also for having an illegal concentration of marijuana in your blood – even if there’s no visible impairment. This is known as a DUI “per se.”
While adults aged 21 or older in Nevada are legally allowed to possess up to one ounce of marijuana privately, it’s crucial to remember that consuming marijuana in public is strictly forbidden. Violating this law can lead to a fine of $600.
Marijuana DUI Arrests: The Process
Erratic driving might lead to a law enforcement officer initiating a traffic stop. The sequence of events post this includes:
- The officer posed questions to the driver.
- Observing the driver’s behavior.
- Requesting a preliminary breath test (PBT).
Upon passing the PBT, the officer may suspect drug consumption if certain signs are present.
Alternatively, the vehicle operator’s blood content could contain the following:
- At least 2 nanograms per ml. of delta-9-tetrahydrocannabinol, or
- At least 5 nanograms per ml. of 11-OH-tetrahydrocannabinol, a marijuana metabolite.
A key point to emphasize is that the amount of marijuana in your bloodstream is not considered for first or second-time offenders, but impairment is the deciding factor. The criteria change for those with a third or more DUI within the seven-year span, and having an illegal amount of marijuana in your blood could lead to a DUI conviction, irrespective of impairment.
Despite the state laws permitting individuals over 21 to possess up to an ounce of marijuana privately, it’s worth noting that public consumption remains illegal. Violators may face a $600 fine for public consumption.
What Triggers a Marijuana DUI Arrest?
Law enforcement officials can initiate a traffic stop based on observed erratic driving behavior. During the stop, officers may engage in a variety of activities, such as:
- Engaging you in conversation to ascertain your sobriety,
- Observing your behavior closely,
- Administering a preliminary breath test (PBT).
In cases where you pass the PBT but still exhibit signs of intoxication, such as failing a field sobriety test, having dilated pupils, displaying signs of short-term memory impairment, or behaving unusually, officers may suspect drug impairment.
There may be instances where officers who have received specialist training in drug recognition, aptly titled Drug Recognition Experts (DRE), are brought in to assess your vital signs such as blood pressure, pulse, and indications of dry mouth. If there’s sufficient probable cause to believe you’re under the influence of marijuana, you could be arrested and subjected to a blood test at the police station.
It’s crucial to note that if more than one ounce of marijuana is found on your person or vehicle, you could face additional charges for marijuana possession.
Do I Have a Choice Between a Breath or Blood Test in Nevada for a Marijuana DUI?
If you’re pulled over in Nevada under suspicion of driving under the influence (DUI) with marijuana, you may wonder if you can choose between a breath or blood test. However, in this situation, Nevada law has clear directives.
Unlike in some cases of suspected alcohol DUI, where you might be given a choice between a breathalyzer test or a blood test, for a suspected marijuana DUI, a blood test is mandatory. This distinction exists because while a breathalyzer can detect the presence of alcohol, it’s unable to detect marijuana or other drugs in your system effectively.
In Nevada, by holding a driver’s license, you’re presumed to have given ‘implied consent’ for a blood test if you’re pulled over under suspicion of DUI due to marijuana use. This means that you’ve essentially agreed to submit to these tests in case of an arrest by choosing to drive.
You might wonder what happens if you do not take the blood test. Be warned; your refusal could spark a series of severe repercussions. In such a situation, the police may obtain a warrant authorizing them to use ‘reasonable force’ to draw your blood. This doesn’t mean they will use excessive force, but they can take the necessary steps to ensure that the blood sample is obtained.
Additionally, obtaining the blood sample isn’t just a one-time deal. It may involve drawing up to three samples within a few hours following the initial arrest. This approach is designed to get an accurate representation of the level of marijuana influence over some time.
The blood test reveals the concentration of delta-9-tetrahydrocannabinol (THC) in your blood, which is the primary psychoactive compound in marijuana. However, the effects of marijuana can vary significantly among individuals, depending on factors like personal tolerance to marijuana, the THC concentration in the specific product consumed, and the quantity ingested. Therefore, while the blood test provides factual evidence of THC presence, it doesn’t necessarily correlate directly to your impairment level, a factor your attorney may use in your defense.
What Happens to My Driver’s License After a Marijuana DUI Arrest?
When you’re arrested for a DUI involving marijuana in Nevada, an immediate and significant concern pops up: “What will happen to my driver’s license?” Navigating through the legal complexities can be overwhelming, but it’s crucial to understand what lies ahead to prepare yourself effectively.
You can initially keep your driver’s license if you submit to a blood test after a DUI arrest. This is because it usually takes some time (several weeks to months) for the lab to confirm whether there is a presence of drugs such as marijuana in your system. During this period, you can continue to drive as usual unless the court issues an order revoking your driving privileges for another reason.
Once the blood test results return positive for marijuana, the Nevada Department of Motor Vehicles (DMV) steps into the picture. They’ll send you a formal mail notification informing you about the impending suspension of your driver’s license.
But don’t panic just yet! You have the right to contest this suspension. You can request a hearing with the DMV to review the grounds of your license suspension. If the DMV finds the evidence against you to be insufficient or flawed, there’s a chance your driving privileges might be reinstated.
However, if your license suspension is upheld, the duration of the suspension will depend on your DUI history. If it’s your first-time DUI offense, expect a 185-day suspension. For a second-time DUI, your license may be suspended for a year, and if you’re unlucky enough to be caught a third time, a hefty three-year suspension awaits.
Here’s some potentially good news. Despite the suspension, you might be allowed to drive immediately, but under certain restrictions. Nevada law allows installing an ignition interlock device (IID) in your vehicle. For this device to allow your car to start, it demands a sample of your breath first. It ensures that you can’t operate the vehicle if it detects any traces of alcohol. This could be a lifesaver, particularly for people who rely on driving for work or family commitments.
Strategies to Contest Marijuana DUI Charges
Legal professionals have an array of defenses to argue against marijuana DUI charges. They might:
- Challenge the basis for the traffic stop: If there were no valid reasons to justify the initial traffic stop, all subsequent evidence gathered could be deemed inadmissible.
- Question the reliability of the blood test: Many factors can affect the accuracy of blood tests, such as the time elapsed between the arrest and the blood draw, how the sample was stored, and the method used to analyze it. If there’s reasonable doubt about the validity of the blood test, this might serve as a strong defense.
- Argue the signs of impairment were due to something other than marijuana: If you were tired, nervous, or had a medical condition that could cause symptoms like impairment, your attorney might be able to argue that the signs of impairment observed by the officer weren’t due to marijuana intoxication.
- Challenge the officer’s observations and conclusions: Field sobriety tests are subjective, and officers can make mistakes in administering or interpreting the results. An experienced attorney can highlight these potential flaws.
- Refute that the marijuana caused impairment: As marijuana’s active compound, THC, can stay in the blood for days or even weeks after consumption, a positive blood test doesn’t necessarily prove that you were impaired at the time of driving.
It’s important to note that the specifics of each case are unique, and what works as a defense in one situation may not apply to another. Therefore, if you are facing marijuana DUI charges, it’s essential to consult with an experienced attorney who can evaluate your case and develop the most appropriate defense strategy.
Conclusion
Nevada’s marijuana laws are complex, especially regarding DUI charges related to marijuana use. Understanding these laws is important to ensure you are not unknowingly in violation. If you’ve been charged with marijuana DUI, contact The Bourassa Law Group right away. We can guide you through the process, inform you of your rights, and help mitigate any penalties you might face.