Driving While High on Weed in Nevada
The State of Nevada made marijuana use legal in 2016. However, legalization does not mean that anyone can carelessly smoke one anywhere they want. The laws of Nevada regarding marijuana are still new and many are still unaware of what would happen if they smoke in the public—especially when go driving while high on weed. Read further on this article to avoid potential DUI (Driving under the influence) marijuana charges.
Marijuana is part of DUI
Some believe DUI only covers drugs and alcohol as many people consider marijuana as nothing but a harmless hobby. The Nevada laws state otherwise. Marijuana is still an under-regulated substance for DUI. The Nevada Revised Statutes (NRS) 484C.080 lists marijuana, along with amphetamine, cocaine, and heroin as a prohibited substance. So, DUI for marijuana definitely exists.
And since smoking marijuana or weed in public places such as malls, casinos, restaurants, and other places that are not your private property, driving while high on weed in their vicinity or somewhere in the public in Nevada is not allowed.
There are many reasons why smoking marijuana is illegal when driving. It is proven that marijuana can greatly influence one’s judgment. When driving, a proper road focus is needed unless you want to injure or kill yourself and/or other people. Just last year, there was a spike of marijuana-related driving accidents in states where recreational marijuana was recently legalized—including Nevada.
Of course, this would not happen if citizens are following regulations laid down by the State. However, while driving while high on weed is completely unlawful, you cannot be arrested if the amount of marijuana found in your body is not enough to consider you high. If the level of marijuana traced in your urine and blood are under 10 ng/ml and 2 ng/ml respectively, then you should be fine.
In the car but not using
What if the police have it wrong? And the marijuana is only in your car but you are not smoking it? Fortunately, driving with marijuana in a car is perfectly legal but still under certain measurements. You can only have at least half of an ounce of cannabis in your vehicle and no, you cannot bring it across state lines. Doing so might get you tangled on a federal drug trafficking violation.
Penalties of driving while high on marijuana
Just like any other DUI arrests, an arrest made for people driving while high on weed starts by being pulled over. The police use erratic way of driving, driver showing signs of being intoxicated, and other pieces of evidence to presume that someone is guilty of DUI for weed. When you are tested positive through Breathalyzer tests and found to have gone beyond the limit, the following charges could be brought down on you:
- Two days up to six months in jail (sometimes none at all)
- Attendance to Nevada DUI school
- 24 to 96 hours of community service in the State
- Fines that range from $400 to $1,000
- Going to Nevada Victim Impact Panel classes
- Driver’s license suspension
Take note that these penalties are similar to regular DUI charges, proving that DUI for marijuana is very much treated as a serious offense in Nevada. A second violation might incur heftier charges and a third offense might mean a category B felony.
Defenses against charges of driving while high on marijuana
The charges of DUI for marijuana against you can be scaled down to reckless driving, that is if you have strong defenses prepared by your Las Vegas DUI attorney. Some of these defenses include unlawful stopping of the vehicle and other misconduct done by police officers. For example, the police bumped their vehicle on you so you can be stopped. Another defense is that the Breathalyzer devices and the field tests that were done to you were defective at best. Finally, you can also a plea for reduction of charges to reckless driving. Showing pieces of evidence of good character during the arrest and other non-existent shreds of evidence that should convict you are needed.
Nevada has Las Vegas which is known for its frenzied parties that are usually filled with marijuana use. With this, it is not impossible to find yourself driving while high on weed and know that when you are caught found guilty, you will face daunting criminal charges. Watch yourself better so you would not have to waste your precious time in hearings and detention at all!