Las Vegas Marijuana DUI Attorney

Marijuana DUI Penalties in Nevada

Marijuana DUI penalties mirror those for alcohol-based DUI charges. The severity depends on the number of prior DUI offenses within the last seven years and whether the incident involved injury or death.

First Marijuana DUI Offense

• Misdemeanor charge
• 2 days to 6 months in jail, or 24 to 96 hours of community service
• Fines of $400 to $1,000 plus court costs
• Nevada DUI School attendance
• Nevada Victim Impact Panel
• 185-day driver’s license suspension
• Stay-out-of-trouble order while the case is open

Second Marijuana DUI Offense

• Misdemeanor charge
• 10 days to 6 months in jail or residential confinement
• Fines of $750 to $1,000
• Mandatory alcohol/drug dependency evaluation
• 1-year driver’s license suspension or revocation
• Extended substance abuse treatment program
• Breath interlock device for a minimum of 185 days

Third Marijuana DUI Offense (Felony)

• Category B felony charge
• 1 to 6 years in Nevada State Prison
• Fines of $2,000 to $5,000
• 3-year driver’s license suspension or revocation
• Mandatory alcohol/drug evaluation
• Ignition interlock device for 12 to 36 months

Marijuana DUI Causing Injury or Death

A marijuana DUI that results in death or substantial bodily harm to another person is charged as a Category B felony regardless of prior offenses. Penalties include 2 to 20 years in prison and fines of $2,000 to $5,000. For more details on DUI charges involving substantial bodily harm, visit our dedicated page.

How Marijuana DUI Arrests Work in Las Vegas

Most marijuana DUI investigations begin with a traffic stop based on observed driving behavior such as weaving, driving too slowly or too fast, running a red light, or failing to stop at a stop sign. Once the officer makes contact, they look for signs of impairment including the odor of marijuana, bloodshot eyes, slow reaction time, and unusual behavior.

If the officer suspects marijuana impairment, they will typically ask the driver to submit to a preliminary breath test (PBT). When the PBT comes back negative or near zero but the driver still appears impaired, this signals to the officer that a substance other than alcohol may be involved. At this point, the officer may call a Drug Recognition Expert (DRE) to conduct a more detailed evaluation. The DRE will observe the driver’s pupil size and reaction to light, check vital signs, assess coordination and speech patterns, and ask about recent substance use.

If the DRE determines that marijuana impairment is likely, the officer will request a blood draw to confirm the presence and concentration of THC. Under NRS 484C.160, Nevada’s implied consent law presumes that anyone driving on Nevada roads has consented to testing. If the driver refuses, the officer can apply for a warrant to obtain a blood sample using reasonable force, and the refusal itself can be used as evidence at trial.

Since 2021, the Las Vegas Metropolitan Police Department has replaced traditional sobriety checkpoints with targeted enforcement operations called “Blitz” patrols. During these operations, teams of up to 70 officers from multiple jurisdictions saturate a specific area of the city, typically on weekend nights, to proactively identify impaired drivers. If you are stopped during one of these operations and the officer detects the odor of marijuana, they will form a reasonable belief that you may be impaired and will initiate an investigation.

Nevada’s Per Se THC Law Explained

Nevada’s per se drug DUI law creates a legal presumption of impairment based solely on THC concentration. If your blood shows 2 nanograms per milliliter of delta-9-THC or 5 nanograms per milliliter of 11-OH-THC, you are presumed to be driving under the influence. The prosecution does not need to prove that your driving was actually impaired, that you failed any field sobriety tests, or that you exhibited any signs of intoxication.

This is the most aggressive aspect of Nevada’s marijuana DUI law. Delta-9-THC is the active compound that produces the “high” associated with marijuana use, but it can remain detectable in blood for hours after the intoxicating effects have subsided. The metabolite 11-OH-THC can persist even longer, particularly in frequent users. This means that a daily medical marijuana patient could consistently test above the per se limit even when they are completely sober.

However, the per se presumption is not absolute. Under Cotter v. State, 738 P.2d 506 (1987), the Nevada Supreme Court held that aside from per se cases, the State must show more than consumption of a controlled substance and subsequent driving. The State must prove impairment to a degree that rendered the driver incapable of driving safely. Under Sheriff Clark County v. Burcham, 198 P.3d 326 (2008), the Court further held that impairment is always a question of fact, to be considered in light of variable circumstances including the individual’s tolerance, the amount ingested, and the type and time of ingestion. These cases provide important defense avenues for challenging the presumption of impairment.