Quite a few people are indulging in marijuana use since being legalized in Nevada. Though legal, however, marijuana still has its restrictions for legal use. It has a lot of similarities to alcohol. Like alcohol, driving while using marijuana are illegal; and much like alcohol DUIs, if you are arrested for driving under the influence of marijuana, you still have a DUI. It is important you seek legal representation and Kajioka & Associates, Attorneys at Law are readily available for a consultation, if you are arrested for driving under the influence of marijuana. Understanding the basics of a marijuana DUI is important for anyone who decides to indulge, especially the potential consequences of choosing to drive while under the influence, and we at Kajioka & Associates, Attorneys at Law would like to elaborate on a Marijuana DUI.
Marijuana DUI Consequences
Recreational marijuana use is legal in Nevada for adults 21 years of age or older. There are penalties for a conviction of a marijuana DUI since driving under the influence of marijuana is a crime. These consequences include:
1) If they do not have further arrests, it can lead to a suspended driver license for 90 days, although most drivers can get a restricted license after 45 days.
2) Nevada Victim Impact Panel
3) Anything between $400 and $1,000, there are court costs and additional fines
4) There is a mandatory Nevada DUI School.
5) Community service of 24 to 96 hours, jail sentence of 2 days to 6 months.
As defined by Nevada DUI laws, a person as under the influence of marijuana if:
– The substance impairs the driver’s ability to operate a motor vehicle safely.
– There is 2 nanograms per ml. of marijuana or 5 nanograms per ml. of marijuana metabolite in the driver’s blood.
What Happens when You Get Pulled Over for a DUI
A criminal defense attorney may be able to get the charges reduced or even dismissed since marijuana DUI charges can be a challenge to prove for the prosecutor. However, before you can have it sealed a DUI conviction will remain on your record for at least 7 years. The punishment the prosecutors may seek, and other circumstances can impact your sentencing. The factors of your individual charges include if this is a first offense, or you have been arrested and/or convicted multiple time or if there was any property damage and/or if there were injuries or fatalities.
During a traffic stop, the arrests are usually made due to a driver’s erratic behavior. From there, the officer will ask the driver questions and observe the behavior, and possibly ask for them to take a breath test. The officer may suspect drugs as opposed to alcohol and look for physical markers of marijuana use, if the breath test passes. The officer may suspect drugs as opposed to alcohol and look for physical markers of marijuana use as well as conduct a field test to have the driver walk in a line such as walk in a line, stand on one foot, etc., in addition to noting the associated smells and other marijuana use characteristics. If the driver has more than an ounce of marijuana on them, with probable cause, the officer can make the arrest and charge the driver with possession. The officer can get a warrant with reasonable force for up to 3 samples within 5 hours of the arrest, if the driver declines a breath test, a blood test is required and if the driver declines a blood test willingly.
Criminal Defense, Personal Injury, Business Attorneys & More in Greater Las Vegas, Nevada
Call Kajioka & Associates, Attorneys at Law and we will explore your options surrounding the details of your case if you have been arrested for a marijuana DUI.