Marijuana DUI Defense

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Marijuana DUI Defense Lawyer in Las Vegas

Recreational marijuana is legal in Nevada. However, you can still be arrested and convicted of DUI with marijuana if you operate a car while under the influence.

Penalties for DUI with marijuana in Nevada are the same as alcohol induced DUIs, which can include jail time, fines, license suspension, and more.

Though DUI detection technology has made many strides to keep pace with changing marijuana laws, it can still be an uphill battle for a prosecutor to prove a DUI with marijuana case.

That’s especially true if you work with an experienced Las Vegas DUI attorney who can thoroughly investigate your case and possibly have your charges dropped, decreased, or dismissed.

If you’ve been arrested for a DUI in Las Vegas, Henderson, Summerlin, Green Valley, North Las Vegas, Boulder City, Searchlight, Mesquite, Laughlin, Goodsprings or Pahrump, don’t gamble with your future. Contact The Vegas Lawyer or give us a call at (702) 707-7000 to schedule your free initial consultation today.

If Marijuana Is Legal – How Can I Get A DUI For It?

Both medicinal and recreational marijuana are legal in Nevada, but that doesn’t mean they aren’t regulated. Whether you’re in Las Vegas or another area of the state, it’s a crime to drive under the following conditions:

  • Ingesting marijuana (in any form) to the extent it makes you incapable of safely operating your vehicle


  • A driver’s blood contains 2 nanograms/ml of marijauana or 5 nanograms/ml of marijauana metabolite (also called a “Per Se” DUI)

It’s important to note that you can be convicted of a DUI with marijuana even if you don’t feel “high” at the time of arrest or show clear signs of intoxication.

So long as the results of your DUI blood test shows you had an illegal amount of marijuana in your system while driving, you can be convicted.

What You Can Expect During DUI With Marijuana Stop

The police must have probable cause to initiate a traffic stop. Potential reasons for a stop could include erratic driving, breaking traffic laws, etc. Once the officer pulls the driver over, he or she will ask a series of questions while observing the driver’s body language.

If they feel it’s necessary, they’ll request the driver take a sobriety field test and/or a preliminary breath test (PBT). If the preliminary breath test is passed, a police officer may still suspect a driver of a DUI with marijuana or some other substance if:

  • The driver fails the field sobriety test
  • A police officer smells marijuana
  • The driver exhibits signs of being “high” (i.e., low eyelids, slowed speech, dilated pupils, etc.)

In some cases, an officer with a specialization in drug recognition evaluation training may arrive at the scene to investigate potential signs of drug use. If you’re suspected of driving under the influence of drugs (DUID), the police will arrest you and take you to the police station for a DUI blood draw.

Penalties For DUI With Marijuana In Nevada

Penalties for driving under the influence of marijuana are generally the same as penalties for DUI with alcohol. Penalties for a first-time DUI with marijuana (within the previous seven years) can include:

  • 2-days to 6-months jail time or 24-96 hours of court-ordered community service
  • Mandatory attendance to Nevada DUI school and Victim Impact Panel
  • Fines ranging from $400 – $1000
  • At least 90-day license suspension

Penalties for subsequent DUI convictions are more severe and costly. That’s especially true for felony DUI cases.

A DUI conviction for marijuana can affect your life for years to come. It’s essential to consult with a highly rated and well-trusted Nevada DUI with marijuana lawyer to give yourself the best chance of receiving the least amount of penalties possible under the circumstances.

Contact The Vegas Lawyers Today – We Can Help

If you’ve been arrested for driving under the influence of drugs in Las Vegas or the surrounding areas, we can help. The Vegas Lawyers have built a strong reputation across Nevada as one of the best DUI lawyers by rolling up our sleeves and getting to work for our clients.


We have a track record of achieving favorable outcomes for many of our clients dealing with every type of DUI charge in Nevada – including DUI with marijuana charges.

You don’t have to face DUI with marijuana charges alone. Contact The Vegas Lawyers through this website or give us a call at (702) 707-7000 for your free initial consultation.

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