You just heard that weird police siren behind your car. You’re right, it’s the police, and the officers are about to find out that you are driving under the influence of marijuana. Well, your doctor prescribed medical marijuana, and probably there is nothing you can do except take your medication. Don’t think for a second that handing your medical marijuana card to the officers will get you out of DUI trouble.
Nevada State law expects all drivers to be stone-cold sober before being in actual control of a vehicle. Besides, all medical marijuana patients must report any new convictions to the Nevada State Health Division. Thus, in addition to being convicted of marijuana DUI, driving under the influence of pot could jeopardize your medical marijuana patient status. If you have been arrested for marijuana DUI in Nevada, it’s time to contact a Las Vegas DUI lawyer to represent you.
Marijuana DUI tests
When an officer requests you to pull over on suspicion of driving under the influence, he or she will check your vehicle and find out if;
- You smell of marijuana
- You have dilated pupils
- You’ve tremors
- You seem unusually relaxed and calm
- You have an impaired short-term memory
- You fail a necessary sobriety test such as following a light with your eyes, standing on one leg, or walking in a straight line.
The law allows the officer to have your urine and blood testing up to 5 hours after you were arrested. Nevada State has the ‘implied consent’ law. The moment you get into a vehicle and begin driving, or you are in actual control of the vehicle, you automatically consent have your blood and urine tested if a police officer suspects you are driving under the influence of an intoxicating substance.
Penalties for Marijuana DUI
In Nevada, the penalties for marijuana DUI are almost similar to those of alcohol DUI charges. If it’s your first time DUI crime (misdemeanor), the possible penalties include;
- Two days to six months jail time or at least 96 hours of community service
- Fine ranging from $400 to $1000
- Three months license suspension. You will get a restricted driver’s license after 45 days
- Mandatory driving under the influence school
- Required SR-22 filing
- DUI rehabilitation.
For a second DUI offence (misdemeanor within seven years after the first conviction), the penalties include;
- 10 days to six months jail time
- Fine ranging from $750 to $1000
- 100 to 200 hours of community service
- 1-year driver’s license suspension with no eligibility for a restricted driver’s license
- It’s also possible for your vehicle registration to get suspended
- You will be required to file SR-22
- DUI rehabilitation
Your third DUI offense (within seven years of the previous DUI crimes) will be considered a felony offense. Here are the penalties;
- One to six years jail time
- Fine ranging between $2000 and $5000
- Suspension of your drivers’ license for three years
- Vehicle registration suspension
- Compulsory SR-22 filing
- DUI rehabilitation4
If you killed someone in an accident because of driving while under the influence of marijuana, you are likely to spend a maximum of 20 years in prison. In case you have been convicted of DUI three times before, you can end up being charged with vehicular homicide.