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Driving High: Everything You Need to Know About Marijuana DUI in Nevada

marijuana dui

Nothing can ruin your high more than accidentally being on the wrong side of the law and getting arrested for driving while under the influence of marijuana. 

Keep on reading and we'll go over everything you need to know about marijuana DUI in Nevada.

Is "Driving High" Illegal?

In short, yes, it is illegal in Nevada. 

 "DUI with marijuana" in Nevada is officially considered driving under the influence. So what does that entail?

For Nevada, it is a crime to drive under the following two conditions:

  1. Marijuana consumption, whether smoked, vaped, or eaten,  has impaired the driver's ability to operate a motor vehicle safely, OR

  2. the driver's blood contains 2 nanograms per ml. of marijuana (delta-9-tetrahydrocannabinol) or 5 nanograms per ml. of marijuana metabolite (11-OH-tetrahydrocannabinol).

In essence, you don't necessarily have to be high or even intoxicated to be persecuted under this section.

Which puts us in a tricky situation, because marijuana —unlike alcohol— stays in your system for days.

So we start to see cases where you can be driving stone-cold sober, with what could be an illegal amount of THC in your bloodstream, making you vulnerable to arrest.

However, having a great DUI lawyer can protect you and challenge the probable cause of a marijuana DWI arrest.

How Does a Marijuana DUI Arrest Happen?

Here’s how it works:

A police officer must have reasonable suspicion to initiate a traffic stop for suspicion of driving under the influence, mainly any sort of erratic driving. Conditions of the vehicle, such as a headlight out, can also give an officer a valid reason for pulling you over.

Once you pull over, the officer will start asking basic questions to gain a sense of your level of sobriety, which will probably be followed by asking you to take a preliminary breath test (PBT). 

The officer might suspect that you're under the influence of drugs instead of alcohol if you exhibit any of the following signs:

  • Your pupils are dilated

  • Your car (or you, for that matter) smell like marijuana

  • You're showing body or eyelid tremors

  • And last, but certainly not least, you failed any of the field sobriety tests traditionally asked of you to do like walking in a straight line

The thing to note here is that being high doesn't show by using a breathalyzer, so if the officer decides that there is probable cause that you committed a DUI with pot, you'll be arrested and taken for a blood test at the police station.

The blood test measures the amount of THC (delta-9-tetrahydrocannabinol) in your blood, so no worries if you've been consuming Cannabidiol (CBD) oil. 

If your blood level contains 2 nanograms per ml. of marijuana (delta-9-tetrahydrocannabinol) or 5 nanograms per ml. of marijuana metabolite (11-OH-tetrahydrocannabinol) you will be charged with DUI of marijuana. 

If You’ve Been Charged With a Marijuana DUI Contact The Hill Firm Today!

The penalties for DUI with Marijuana are treated the same as an alcohol based DUI. If you’ve been arrested and charged with DUI of marijuana you’ll want an experienced attorney to help you navigate the process. 

Call The Hill Firm today at 702-848-5000 to schedule your free consultation!


Dan Hill