In Nevada, driving under the influence doesn’t necessarily refer to alcohol intoxication. You may face DUI charges for driving under the influence of marijuana, prescription drugs and illegal drugs.
If a police officer stops you for suspected marijuana DUI, he/she may subject you to a test, but first, they will check for the following signs:
- If you smell marijuana
- If your pupils are dilated
- If you are unusually relaxed or calm
- If you happen to experience short-term memory issues
- If you are having tremors
- If you fail a one-leg stand or other sobriety tests
You may be arrested and detained and your car impounded if the officer detects one or more of the above signs. A urine test may be conducted later on – usually not more than five hours after the arrest – to measure your blood marijuana content. A Las Vegas Defense Group DUI attorney will help you understand your rights and protect your constitutional rights after a DUI arrest.
Note that Nevada has a law that states that a person has automatically consented to a urine test by deciding to drive anywhere in the state of Nevada.
According to Nevada law, you could be convicted of a marijuana DUI if you are found to have two nanograms or marijuana per millimeter of blood or 5 nanograms of marijuana metabolite per millimeter of blood.
Marijuana metabolite is THC that can be detected in your blood long after you have stopped feeling the effects of the drug. It can stay in your system for up to 30 days since ingesting marijuana.
Penalties for a marijuana DUI in Nevada
Penalties for marijuana DUI are pretty sufferable for first-time offenders. They include jail time of no more than six months or community service of 96 hours at most. You may also be ordered to pay a fine of $400-$1,000. Depending on the circumstances of your case, you could get an additional driver’s license suspension of up to three months.
For second-time offenders, penalties vary depending on when you committed your first marijuana DUI. It will be considered a misdemeanor if it occurs less than seven years after the first offense. In this case, the driver faces up to six months of jail time and/or community service hours up to 200 hours. You may also have a $750-$1,000 fine imposed on you. Driver’s license suspension for second-time offenders can be up to one year long, and this is minus a limited license option, which for first-time offenders can be acquired after 45 days.
For both first and second offenses, you may be ordered to complete a DUI rehabilitation program.
If you are arrested for a third marijuana DUI offense (one that occurs within seven years of the second offense), you will face felony charges, which carry a jail term of 1-6 years. You may also be required to pay a fine of $2,000-$5,000. Your driver’s license and vehicle registration may also be suspended for up to three years.
If you are found to be at fault for an accident that resulted in bodily harm or death, you face prison time of between two and twenty years on top of a $2,000-$5000 fine.