Although Nevada voters approved recreational cannabis in 2016, it is still illegal to drive under the influence, and that includes marijuana. Nevada is one of the few states that have specific limits for cannabis and driving. Driving under the influence is not only a major threat to public safety but is a crime that is punishable up to felony charges. Nevada law does not differentiate between a DUI for alcohol and a DUI for cannabis, and drivers need to understand how DUI allegations can impact their lives. If you are arrested for suspicion of driving under the influence of marijuana, you need the attorney, Garrett T Ogata. With the right legal team, you can fight the charges against you and protect your rights.
Nevada’s DUI Laws
Medical and recreational marijuana have been legalized in Nevada for many years now but anyone can be arrested if they are suspected of driving under the influence of any substance that impairs their ability to drive safely. Driving while under the influence of marijuana is still a DUI and carries the same consequences. Before getting behind the wheel after using marijuana, whether recreationally or medically, make sure you’re informed about the DUI charges and penalties you could face.
Under the state’s original per se law, it was illegal to operate a motor vehicle with 2 nanograms per milliliter of marijuana (delta-9-tetrahydrocannabinol) or 5 nanograms per milliliter of marijuana metabolite (11-OH-tetrahydrocannabinol) in their blood.
Impairment DUI law makes it illegal to drive if you are unable to operate your vehicle safely. This is based on the police officer’s assessment and observation of your driving behavior.
With recreational marijuana becoming more mainstream, being aware of evolving laws and potential DUI consequences is more important than ever. Staying up to date with any changes can save you from a costly or lengthy legal battle to protect your rights.
Arrested for a Marijuana DUI?
If you are pulled over for a traffic stop or display any erratic driving behaviors, an officer can pull you over to determine if you are impaired by marijuana. At the stop, they will look for any indication of impairment and a drug recognition expert may take note of any evidence for their report. Law enforcement look for things like:
- Erratic driving behavior
- Poor coordination
- Red eyes or dilated pupils
- The smell of marijuana
If all this evidence points towards impairment, you could be arrested and charged with a marijuana DUI or any additional charges. If you are arrested on suspicion of driving under the influence of marijuana, you need an experienced criminal defense attorney to help you navigate this complex charge.
Marijuana DUI Defense Strategies
It is illegal to drive while under the influence, however, it can be challenging to determine what is considered under the influence. A prosecutor will use the evidence in the police report to prove that you were impaired, but with marijuana, impairment is more subjective, and with a criminal defense attorney, you can fight the charges.
Some defense strategies may include:
- Showing you were not actually impaired by marijuana
- Establishing that the officer didn’t have probable cause
- Proving that the arresting officer didn’t follow proper protocol
- Exposing any issues with the testing process or results
Hiring a DUI defense attorney is crucial because we will specialize in building a strong defense with successful strategies that can lead to reduced or dismissed charges. Their expertise ensures that your case is handled effectively, and they can provide valuable guidance through the legal process while protecting your rights. With their experienced strategies, you have a better chance of receiving the best outcome for your case.
Ogata Law
As Law Vegas DUI attorneys, our goal is to get all charges dismissed, an acquittal at trial, or the charges reduced so that you do not face the far-reaching consequences if you are convicted. Your chances of success in a Nevada impaired-driving case is to hire an experienced DUI attorney. At the Law Offices of Garrett T. Ogata, our skilled legal team can ensure you don’t face these charges alone. Contact us today if you are facing impaired driving charges in Nevada and need a passionate, experienced legal team to help guide you through the legal process.
