The recent legalization of recreational and medical marijuana in Nevada has helped reduce the stigma associated with cannabis use and increase its availability to adults. With updated training to recognize drugged driving, police officers are prepared to identify and pull over individuals whom they suspect of driving under the influence of marijuana. Many arrests occur east of the Reno-Sparks metropolitan area on Interstate 80 in Fernley, Nevada, as well as south of Fernley on Route 50 in Fallon, the county seat of Churchill County. If you have been arrested in this area, Fernley and Fallon marijuana DUI lawyer William J. Routsis can provide legal advice and assess potential defense strategies. Mr. Routsis has defended individuals facing prosecution in Nevada and California for 25 years, and he possesses the experience and dedication needed to handle a first-time DUI or a repeat DUI case.
Driving Under the Influence of Marijuana in NevadaNevada’s DUI law covers the use of both alcohol and drugs while driving. While up to one ounce of marijuana can be transported by car as long as it is sealed and stored away, it is illegal to drive while smoking or consuming marijuana or while under the influence of marijuana. As the marijuana DUI offense is defined, it is illegal to drive or be in physical control of a vehicle on a highway or public area while under the influence of marijuana to a degree that renders you incapable of driving safely.
This law is broad enough that a person could be arrested for DUI for consuming marijuana in the driver’s seat of a parked car. In addition, you can be charged with marijuana DUI if you were driving and tested positive for two or more nanograms of THC in your blood, or 10 nanograms of marijuana in your urine. Your ability to drive does not matter; if a chemical test indicates that you have more than the legal amount of THC in your system, you will be charged with marijuana DUI.
The police will likely initiate a traffic stop if they have a reasonable suspicion that a driver is under the influence of alcohol or drugs or if the driver has violated a traffic law. While a preliminary breath test cannot indicate marijuana use, field sobriety tests, the smell of marijuana, dilated pupils, and other behaviors identified by a police officer with specialized drug recognition evaluation training may provide probable cause for a DUI arrest. If probable cause was absent, however, a marijuana DUI attorney in Fernley or Fallon can argue that any evidence derived from the stop should be excluded. A driver must submit to a blood test after an arrest under Nevada’s implied consent law, or a warrant will be obtained to draw blood.
Marijuana DUI penalties are generally the same as those for driving while under the influence of alcohol. A first-time marijuana DUI offense is a misdemeanor, unless the incident involved the serious injury or death of another person. Penalties include jail time or community service, driver education, fines, and a suspended driver’s license. The driver’s license suspension is handled by the Nevada Department of Motor Vehicles in separate administrative proceedings. A DUI with marijuana causing injury or death is a felony offense, and under extreme circumstances, this can result in a vehicular homicide charge.
In many cases, however, a marijuana DUI charge does not lead to a conviction. An experienced marijuana DUI lawyer in Fernley or Fallon can investigate the facts of your arrest to determine whether you were legally stopped and whether your constitutional rights were violated. If appropriate, chemical test results may be impugned by defense experts testifying as to their inaccuracy. Your attorney may also explore other defenses as details of the case emerge.
Retain a DUI Defense Attorney to Protect Your RightsIf you are facing a marijuana DUI charge, William J. Routsis can address your concerns while navigating you through the legal process. Mr. Routsis strongly believes that justice should be accessible to everyone, regardless of their financial means, and he provides personalized representation to each client. Schedule an appointment with a Fernley or Fallon marijuana DUI attorney by calling (775) 337-2609 or submitting our contact form online. In addition to DUIs, Mr. Routsis assists people who are facing charges related to the use or distribution of marijuana more generally.