Is it a DUI to drive high on marijuana in Nevada?

Posted by Neil Shouse | Jan 27, 2015 | 0 Comments

Yes. Driving while impaired by marijuana is considered a DUI in Nevada.

Under Nevada law, a person can be arrested for DUI with marijuana for either of the following three actions:

  • driving having ingested marijuana to a degree which renders the driver incapable of safely driving or exercising actual physical control of a vehicle, or
  • driving with a blood content of at least 2 nanograms per ml. of marijuana or 5 nanograms per ml. of marijuana metabolite, or
  • driving with a urine content of at least 10 nanograms per ml. of marijuana or 15 nanograms per ml. of marijuana metabolite.

Therefore, a driver may be arrested for DUI marijuana in Nevada even if he/she is not technically high. As long as his/her blood or urine has the minimum prohibited amount of marijuana, the D.A. can press charges for driving under the influence.

The penalties for driving under the influence of marijuana in Nevada are the same as for drunk driving. A first- or second-time offense within seven years is a misdemeanor. A third- or subsequent offense within seven years is a felony. And any DUI that causes substantial bodily harm or death is a felony. Drivers facing a first-time misdemeanor DUI charge can usually avoid jail as long as he/she completes the following:

  • DUI School
  • Victim Impact Panel
  • up to $1,000 in fines
  • 3-month driver's license suspension
  • Avoid any new arrests or citations other than minor speeding tickets

Read more information on the Nevada crime of DUI with marijuana.

About the Author

Neil Shouse

A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, Court TV, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.


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