I was driving in Nevada and the officer "smelled marijuana" and said that was probable cause to have my blood drawn and submit to field sobriety tests, etc. I was charged with DUI and a felony "under the influence" after (I can only assume) testing positive for THC.
Probable cause depends on the facts on whether there were other occupants. Also, based on the recent Supreme Court case of McNealy the officer is required to get a warrant before drawing blood. A DUI bases on marijuana is still a misdemeanor. If you want to discuss details further, please schedule an appointment.
The information presented here is for informational purposes only and does not constitute legal advice. The Goodman Law Group, P.C. recommends that you consult an attorney with experience in your specific legal issue. Please contact us to schedule a confidential discussion of your situation. Such communication does not create an attorney-client relationship of any kind until a formal engagement agreement is signed by both you and the Goodman Law Group, P.C.
Your assumption for Testing positive probably correct. You should consult with a Nevada attorney as soon as possible.
You can be charged for a DUI under Nevada's per se prohibited substance statute, which sounds like you are. The felony charge will depend on other factors. It is best not to discuss all the facts of your case on a message board, but to consult with an attorney. A DUI felony is a serious charge and carries a prison sentence. Consult with an attorney as soon as possible.
DISCLAIMER: This is for information purposes only and is not legal advice. Nor does this post create an attorney-client relationship. Always seek the advice of a licensed attorney. Nevada’s laws do change so it is important to talk to a licensed attorney in person.
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