DUI Marijuana – NRS 484C.110

Overview

Driving Under the Influence (DUI) of marijuana is a significant offense under Nevada Revised Statute (NRS) 484C.110. This law encompasses the illegal operation of a motor vehicle while impaired by cannabis, whether through smoking, edibles, or other forms of consumption. Understanding the legal implications of this statute is crucial for drivers, law enforcement, and individuals facing DUI marijuana charges.

Definition of DUI Marijuana

Under NRS 484C.110, “driving under the influence” includes operating a motor vehicle while impaired by marijuana. Key elements of the law include:

1. Impairment: A person is considered to be driving under the influence if their ability to operate a vehicle is compromised due to marijuana use. This impairment can be demonstrated through erratic driving behavior or a driver’s inability to perform standard sobriety tests.
2. Legal Limits: Unlike alcohol, Nevada does not specify a legal limit for THC (the active ingredient in marijuana) in the same way it does for blood alcohol concentration (BAC). However, drivers can still be charged if they are impaired, regardless of their THC levels.
3. Types of Consumption: The statute applies to any form of marijuana consumption, including smoking, vaping, and ingesting edibles.

Legal Requirements for Prosecution

To secure a conviction for DUI marijuana under NRS 484C.110, the prosecution must prove several elements beyond a reasonable doubt:

1. Operation of a Vehicle: The accused must have been operating a motor vehicle on a public road or highway.
2. Impairment Due to Marijuana: The prosecution must demonstrate that the individual’s ability to drive was impaired due to the consumption of marijuana. This can be proven through field sobriety tests, chemical tests, or observable behavior.
3. Knowledge of Impairment: While the prosecution must show that the individual was impaired, ignorance of how marijuana affects driving does not typically serve as a valid defense.

Related Offenses

DUI marijuana is related to several other offenses, including:

• Driving Under the Influence – NRS 484C.110: General DUI law that encompasses impairment by any substance, including marijuana.
• Possession of a Controlled Substance – NRS 453.336: Involves the illegal possession of marijuana, which may be charged in conjunction with DUI offenses.
• Open Container Violations – NRS 484B.150: Involves possessing an open container of marijuana in a vehicle while driving.

Examples of DUI Marijuana Offenses

To illustrate how NRS 484C.110 applies to marijuana use, consider these examples:

• Example 1: A driver consumes marijuana before getting behind the wheel and is later stopped for speeding. If law enforcement observes signs of impairment and conducts field sobriety tests, the individual can be charged with DUI.
• Example 2: An individual ingests marijuana-infused edibles and decides to drive. If pulled over and displaying signs of impairment, they can be charged with DUI under NRS 484C.110.

Penalties for DUI Marijuana

The penalties for DUI under NRS 484C.110 can vary based on factors such as prior offenses and the specifics of the case:

• First Offense:
  • Misdemeanor:
    • Fines: $400 to $1,000.
    • Jail Time: Up to 6 months.
    • License Suspension: 90 days.
• Second Offense:
  • Misdemeanor:
    • Fines: $750 to $1,500.
    • Jail Time: 10 days to 6 months.
    • License Suspension: 1 year.
• Third Offense:
  • Category B Felony:
    • Fines: $2,000 to $5,000.
    • Imprisonment: 1 to 6 years.
    • License Suspension: 3 years.
• Additional Penalties: Offenders may also be required to complete DUI education programs, install ignition interlock devices, or fulfill community service requirements.

Defenses Against DUI Charges Involving Marijuana

If you are facing DUI charges under NRS 484C.110 due to marijuana use, several defenses may apply:

1. Improper Stop: If law enforcement did not have probable cause to stop the vehicle, any evidence obtained may be inadmissible in court.
2. Faulty Testing: Challenges to the accuracy of drug tests can be raised if there were issues with the equipment or administration of the tests.
3. Medical Conditions: Certain medical conditions or reactions to marijuana can affect how individuals respond to the substance, potentially leading to a valid defense.
4. Lack of Impairment: Demonstrating that the driver was not impaired at the time of the stop, even if they had consumed marijuana, can be a defense strategy.

The Importance of Legal Representation

Navigating the complexities of DUI marijuana charges requires knowledgeable legal representation. Josh Tomsheck is a board-certified criminal trial attorney and registered specialist in criminal trial law with the State Bar of Nevada. His extensive experience in handling DUI cases equips him to provide a robust defense against charges under NRS 484C.110.

As a Life Member of the National Association of Criminal Defense Lawyers and a Mountain State’s Super Lawyer, Josh has a proven record of achieving favorable outcomes, including numerous complete dismissals and acquittals at trial. His commitment to protecting the rights of clients and understanding the intricacies of Nevada’s legal landscape make him a strong advocate in cases involving DUI.

Understanding Your Rights

If you are accused of DUI marijuana, understanding your rights is crucial. Having experienced legal representation can help ensure that you navigate the legal process effectively and protect your interests.

For more information about defending against DUI marijuana charges under NRS 484C.110 in Las Vegas, contact the law firm of Hofland & Tomsheck to schedule a free consultation. Call (702) 895-6760 today to discuss your case and explore your legal options.