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You might think that because recreational marijuana is legal in Nevada, smoking marijuana or using edibles before driving isn’t a big deal. But that misconception could cost you your driver’s license, your freedom, and your future.
In Nevada, a marijuana DUI carries the same penalties and long-term consequences as an alcohol DUI. Courts view both offenses as equally dangerous to public safety—and the law reflects that. Even small THC levels in your system can lead to arrest if officers believe you’re impaired by marijuana while behind the wheel of a motor vehicle.
The reality is clear: “Legal” doesn’t mean “safe to drive.” Understanding Nevada marijuana DUI laws, what police look for, and how to protect yourself if you’re arrested for driving under the influence can make all the difference between conviction and a second chance.
Understanding Marijuana DUI Laws in Nevada
Under Nevada law (NRS 484C.110), driving under the influence includes being impaired by cannabis, THC, or any controlled substance. You can be charged with marijuana DUI if your ability to safely drive is compromised in any way—regardless of whether you smoked, vaped, or consumed edibles.
Unlike alcohol, there’s no universally accepted legal limit for marijuana. While alcohol intoxication is measured by a 0.08% blood alcohol concentration (BAC), THC limits vary and don’t reliably indicate current impairment. As a result, marijuana DUI cases are often more subjective, relying heavily on behavioral evidence, field sobriety tests, and chemical tests.
Officers may determine impairment through physical observations, such as dilated pupils, body tremors, slow reaction time, or inconsistent behavior during a traffic stop.
THC Levels and the Challenge of Proving Impairment
THC—the main psychoactive ingredient in marijuana—affects each driver differently. Some people may appear impaired with low levels of THC, while others test positive long after marijuana consumption with no active intoxication.
Because of this, prosecutors often use a “totality of evidence” approach to prove marijuana intoxication, considering factors such as:
- Erratic driving behavior or failure to maintain lanes
- Blood test results showing THC or marijuana metabolites
- Physical symptoms such as bloodshot eyes, slurred speech, or slow reflexes
- Statements or admissions during the traffic stop
- Field sobriety tests showing signs of impairment
Even if your THC levels are relatively low, a drug recognition expert (DRE) may still testify that you were impaired. Unlike alcohol, there is no “safe” threshold for marijuana use when operating a motor vehicle in Nevada.
Field Sobriety Tests and Chemical Evidence
During a stop, officers often perform standard field sobriety tests to assess balance, coordination, and focus. These tests are designed for alcohol detection, not cannabis, which makes them unreliable indicators of marijuana use.
If an officer believes you’re under the influence of marijuana, they may request a blood test under Nevada’s implied consent law. While chemical tests can detect marijuana metabolites, they can’t prove you were actively high while driving.
This distinction forms a cornerstone of many defense strategies, as test results based solely on residual THC don’t necessarily prove marijuana intoxication at the time of driving.
Drug Recognition Experts and Their Role
When impairment is suspected, Nevada law enforcement may call in a drug recognition expert to assess physiological signs such as blood pressure, pulse, pupil size, and motor coordination.
However, these assessments are subjective and can be challenged by criminal defense lawyers. A qualified Las Vegas DUI attorney may question the expert’s training, testing methods, or conclusions—especially if no chemical evidence confirms impairment beyond a reasonable doubt.
“Actual Physical Control”: The Hidden Risk in Marijuana DUI Cases
Many drivers assume they’re safe if they’re not driving. Under Nevada DUI law, you can still face DUI charges if you are found in actual physical control of a vehicle while impaired.
That means even sitting in your parked car with the keys in the ignition—or sleeping in the driver’s seat after smoking marijuana—can lead to arrest. The law focuses on your ability to operate the vehicle, not whether it’s moving.
Penalties for Marijuana DUI in Nevada
Driving under the influence of marijuana in Nevada is a serious criminal offense. The penalties are nearly identical to those for alcohol intoxication, and they escalate with each offense.
Even though cannabis is legal, Nevada DUI laws treat impairment from marijuana just as harshly as alcohol. The court may impose fines, jail or residential confinement, license suspension, and mandatory Nevada DUI School.
First Offense (Misdemeanor)
- Jail time: 2 days to 6 months (often replaced with community service)
- Fines: $400–$1,000 plus court costs
- Nevada DUI School: Completion required for all first DUI convictions
- Nevada Victim Impact Panel: Attendance is mandatory
- License suspension: 90 days (may get restricted driving with an ignition interlock device)
- Probation: Up to 6 months under supervision
Second Offense (Within 7 Years)
- Jail sentence: 10 days to 6 months (may serve residential confinement)
- Fines: $750–$1,000
- License suspension: 1 year
- Substance abuse evaluation and mandatory treatment
- Ignition interlock device upon reinstatement
- Community service up to 200 hours
Third Offense (Category B Felony)
A third marijuana DUI within seven years is classified as a Category B felony under Nevada law (NRS 484C.400).
- Prison sentence: 1 to 6 years
- Fines: $2,000–$5,000
- License revocation: 3 years minimum
- Mandatory rehab program
- Permanent criminal record
If serious injury or death occurs, penalties rise dramatically—up to 20 years in prison under NRS 484C.430. These consequences apply even if marijuana was legally obtained or consumed.
Administrative Penalties and DMV Actions
In addition to criminal penalties, the Nevada DMV imposes administrative sanctions immediately after arrest. If you tested positive for THC or refused a blood test, your license may be suspended before trial.
You have only seven days to request a DMV hearing to contest this license suspension. Even if your DUI charges are later reduced, the DMV process operates separately under Nevada law.
Failure to act quickly can result in months without driving privileges, additional fines, and SR-22 insurance requirements for up to three years.
Alternative Sentencing and Diversion Programs
For qualifying first-time offenders, Nevada offers limited alternative sentencing options, such as:
- Rehabilitation programs instead of jail
- DUI treatment court participation
- Reduced charges (like reckless driving) after successful program completion
These opportunities aren’t automatic. Skilled legal counsel can negotiate with prosecutors for diversion or sentence reduction, helping avoid the long-term damage of a DUI conviction.
Defending Against Marijuana DUI Charges
Building a strong defense in DUI cases requires a detailed review of every step—from the traffic stop to chemical testing.
A dedicated criminal defense lawyer will look for procedural errors, such as:
- Lack of probable cause for the stop
- Improperly administered field sobriety tests
- Faulty chemical tests or chain-of-custody issues
- Marijuana metabolites are present, but no proof of recent use
- Evidence that your impairment could stem from fatigue, medication, or anxiety
Every weak point in the state’s case strengthens your defense and increases your chances of a dismissal or charge reduction.
Long-Term Consequences of a Marijuana DUI Conviction
A DUI conviction affects far more than your record. Beyond fines, jail time, and license suspension, it can impact your career, immigration status, and financial stability.
Consequences include:
- A criminal record that appears in background checks
- Increased insurance premiums
- Loss of professional licenses
- Immigration complications for non-citizens
Even after penalties end, employers, landlords, and licensing boards may view a DUI conviction as a red flag. This is why securing experienced legal representation early is essential.
How The Defense Firm Protects Your Future
At The Defense Firm, our Las Vegas DUI defense attorneys understand how marijuana DUI cases are built—and how to dismantle them. We thoroughly examine police procedures, challenge unreliable field sobriety tests, and expose weaknesses in chemical evidence.
Whether you’re facing a first offense or a felony DUI, we provide strategic legal defense to safeguard your license, reputation, and freedom.
Our attorneys are committed to upholding your rights and ensuring the state meets its burden of proof beyond a reasonable doubt.
FAQ
How long after using marijuana can I drive safely in Nevada?
There’s no exact timeline. THC can remain in your body for days after marijuana use. To avoid risk, do not drive until you feel completely alert and unimpaired.
Can I get a DUI for medical marijuana use?
Yes. Even with a valid medical card, Nevada law prohibits driving under the influence of marijuana if it affects your ability to safely operate a vehicle.
What happens if I refuse a blood test?
Refusing a blood test under Nevada’s implied consent law can lead to automatic license suspension and be used as evidence in court. Always consult legal counsel immediately after refusal.
Can a marijuana DUI affect my immigration or professional status?Absolutely. A DUI conviction can jeopardize immigration benefits for non-citizens and impact professional licensing in fields like medicine, law, or aviation.
Conclusion
Being accused of a marijuana DUI in Nevada is far from a minor offense. The state’s message is clear: marijuana intoxication behind the wheel is treated the same as alcohol intoxication—and the consequences can be devastating.
From license suspension and fines to Category B felony charges, your future is on the line. But remember: an arrest is not a conviction.
With experienced criminal defense lawyers on your side, you can challenge evidence, question probable cause, and fight for a better outcome.
If you’ve been arrested for driving under the influence of marijuana, act fast.
Contact The Defense Firm today for a free consultation with a trusted Las Vegas marijuana DUI attorney who can defend your rights, protect your record, and guide you through every step of your case.
Your freedom, driver’s license, and future are worth defending—and we’re here to make sure you do.