With marijuana being recently legalized for recreational use, many people are indulging. Unfortunately, though it is legal, there are some that are still using it outside the restrictions. Like alcohol, marijuana use and driving are illegal. When you are arrested for a Marijuana DUI, there can be serious consequences, much like alcohol DUIs. If you are arrested for driving under the influence of marijuana, it is important you seek legal representation and Kajioka & Associates, Attorneys at Law are readily available for a consultation. Understanding the basics of a marijuana DUI is something everyone should do, especially the potential consequences of choosing to drive while under the influence of marijuana. We at Kajioka & Associates, Attorneys at Law would like to discuss a Marijuana DUI.
Marijuana DUI Definition
A person is under the influence of marijuana as defined by Nevada DUI laws if:
– The driver’s ability to operate a motor vehicle safely is impaired by the substance.
– The driver’s blood contains 2 nanograms per ml. of marijuana or 5 nanograms per ml. of marijuana metabolite.
Penalties for Marijuana DUI
For adults 21 years of age or older, recreational marijuana use is legal in Nevada. Driving under the influence of marijuana is a crime and penalties for a conviction of a marijuana DUI include any of the following:
1) Jail sentence of 2 days to 6 months or community service of 24 to 96 hours.
2) At your expense, mandatory Nevada DUI School.
3) Court costs and additional fines of anything between $400 and $1,000.
4) Nevada Victim Impact Panel
5) Suspended drivers license for 90 days, however most drivers can get a restricted license after 45 days and if they do not have further arrests.
Factors Judges Use in Determining Penalties & Sentences
Marijuana DUI charges can be difficult to prove for the prosecutor and a criminal defense attorney may be able to get the charges reduced or even dismissed. A DUI conviction will remain your record for at least 7 years before you can have it sealed. There are other circumstances that can impact your sentencing and the punishment the prosecutors may seek. If it is your first offense or you have been arrested and/or convicted multiple times, the factors of your individual charges; such as if there were injuries or fatalities, and/or property damage.
Arrests are typically made due to a driver’s erratic behavior during a traffic stop. The officer will ask the driver questions and observe the behavior and possibly ask for them to take a breath test. If the breath test passes, the officer may suspect drugs as opposed to alcohol and look for physical markers of marijuana use, conduct a field test to have the driver walk in a line, stand on one foot, etc., along with noting any smells, and other characteristics of marijuana use. With probable cause, the officer can make the arrest and if the driver has more than an ounce of marijuana on them, they can be charged with possession as well.
Criminal Defense, Personal Injury, Business Attorneys & More in Greater Las Vegas, Nevada
If the driver declines a breath test, a blood test is required and if the driver declines a blood test willingly, the officer can get a warrant with reasonable force for up to three samples within five hours of the arrest. If you have been arrested for a marijuana DUI call Kajioka & Associates, Attorneys at Law and we will explore your options surrounding the details of your case.