Medical Marijuana and DUI in Nevada

Garrett T. Ogata “Make no mistake about it, your Medical Marijuana card is no defense to a DUI. If you are impaired by marijuana, you should NOT be operating a vehicle. This is a violation of law and places you and other innocent people in danger. That being said, everyone should be on notice of what the law is and know their constitutional rights and how to invoke them.” - Garret T. Ogata, Attorney at Law

Medical Marijuana The Nevada Medical Marijuana Program is a state registry program within the Nevada Department of Health and Human Services whose role is to administer the provisions of the medical use of marijuana. Those who undergo a medical marijuana treatment plan suffer from anorexia, multiple sclerosis, glaucoma, hepatitis C, Crohn’s disease, epilepsy, HIV/AIDS and much more. After obtaining your medical marijuana card, you can now lawfully utilize, possess and raise marijuana of a certain quantity. Only people that carry a medical cannabis card can do these, so it is crucial to ensure you have the identification whenever you use, have or grow cannabis.

DUI Prohibited Substance And Impairment A person who cannot safely drive or take physical control of a vehicle due to the influence of marijuana, prohibited substances, chemicals, organic solvents, compounds, or controlled substances can be charged with a DUI. There is also the possibility of a “per se” violation, which occurs if a person’s blood or urine has a certain concentration of marijuana even if he or she is fully capable of driving safely. Even if legally prescribed by your doctor, if this concentration is found in your blood or urine, it can be used to prove you were impaired.

Breathalyzer vs. Blood Test If a stop leads to one’s arrest for a DUI, a blood test is issued to determine the THC or metabolite levels for Nevada’s prohibited substance per se DUI. Nevada’s prohibitive levels for marijuana are very low: Marijuana THC per se limit is only 2 nanograms per milliliter of blood Marijuana metabolite is only 5 nanograms per milliliter of blood Because these prohibitive levels are low, users of medical marijuana who drive are most likely to fail a blood test and will be considered driving under the influence of drugs.

License Suspension In addition to all of the fines and possible jail time associated with a DUI charge, your license is also suspended due to the charge. In fact, the DMV can suspend your license even if the DUI charges are dismissed or reduced. After blowing a 0.08 or greater on a Breathalyzer, an officer will provide for you a temporary license which last for only 7 days, during which time you must request a DMV/DUI hearing and a temporary driver license. Only through an attorney can you minimize the damaging effects of your livelihood after license is suspended.

The DUI Process Of Medical Marijuana A brief summary of the DUI process of medical marijuana is as follows: Because driving is considered a privilege and not a constitutional right, DMV hearing burden of proof is much lower than the high standard in criminal of proof of each and every element beyond a reasonable doubt.

Knowing Your Rights If you are being accused of a crime, “You have the right to remain silent”: This is a right that is rarely used but still is up to you to invoke whether or not you are innocent or guilty. Once you respond to law enforcement questions you are putting yourself at risk and not affording yourself the protections of the 5 th amendment, your right to remain silent. Also, politely refuse any field sobriety tests. These tests are difficult to pass and in almost all cases, the person taking the test does not know what to do to pass the test. Always demand search warrant to search your vehicle and home.

Contact Us Garrett T. Ogata and his team of experts are leaders in DUI defense in Las Vegas. Our dedicated mission is to alleviate you of all charges, an acquittal at trial, or reduced charges at a non-DUI level. When charged with a DUI, working with a highly experienced attorney is the smartest choice in achieving these goals. With in-depth knowledge and experience of the DUI process, it is crucial to understand the judicial perspective on medical marijuana to work effectively in building your case. Contact the Law Offices of Garrett T. Ogata today and allow us to professionally protect your rights.