Marijuana DUI: What’s the Limit in Vegas?
Getting a DUI is generally thought of as driving under the influence of alcohol, but in Nevada, it also includes marijuana, other controlled substances and prescriptions. Any marijuana/THC level found in your system above the limit while driving can result in a DUI charge.
Per Se Levels for Marijuana in Las VegasNevada is a state which allows both medical marijuana and recreational. In regard to driving under the influence of marijuana and other controlled substances, the distinction between taking medical or recreational marijuana or medications makes no difference. While there is no penalty for legal possession of medical or recreational marijuana or prescriptions, you’ll still be charged with DUI if you are driving with it in your system above the legal limit. Police who suspect you of marijuana DUI will do a blood test for metabolite residue in your system, which will remain for a time even after you are sober. There is no scientific data that proves any particular THC level can indicate certain impairment, but there is still a legal level for the states that allow medical or recreational marijuana. Nevada has the lowest allowable THC blood level at 2.0 ng/ml or 5.0 /ml, depending on the form and type of marijuana product that has been ingested.
Understand that the law also allows for charging DUI if police simply observe and believe the driver is impaired, regardless of the actual level of drugs or alcohol in their system. They are trained to look for specific symptoms of being high on marijuana and may opt for giving the blood test rather than the breath test if they determine your impairment is not alcohol induced. You will not have a choice as to what test the police give you, in that case
Penalties for Marijuana DUIPenalties for marijuana DUI are very similar to those of alcohol DUI.
• The penalties differ depending on first, second and third offenses. They get progressively more punitive with additional offenses.
• DUI school – paid for by the offender
• Fines of $400-$1,000 for first offence
• Nevada Victim Impact Panel
• 2 days to 6 months license suspension, community service
• Stay-out-of-trouble order, which means that the offender may not have additional arrests for a specified period.
Fighting a Marijuana DUIIt’s extremely important to call an experienced local DUI attorney to deal with your marijuana DUI charge. Avoiding a conviction should be the priority. Since there are many requirements for police to prove the circumstances of your DUI, there are many ways to work toward getting charges dismissed or reduced.
Darren Weiss, PLLC has spent years in the Las Vegas community working with clients for various forms of DUI, including marijuana DUI. He will personally and aggressively fight to prevent a conviction and help you figure out the best resolution for your charges. If you are dealing with a DUI charge of any kind, you have no time to lose. Call us at 702-899-8989 to schedule a consultation.