DUI Marijuana - 2nd Offense

Under Nevada Revised Statute 484C.110, it is illegal for a driver in Nevada to drive, or be in actual physical control of a vehicle on a highway or on premises to which the public has access, with at least 2 blood nanograms per milliliter of marijuana THC in their blood, or at least 5 blood nanograms per milliliter of marijuana metabolite in their system. Similar to alcohol, recreational marijuana use is legal in Nevada, however it is illegal to drive and/or operate a vehicle when one has consumed, and is under the influence of marijuana, commonly referred to as “weed” or “pot.” If no individual is seriously harmed or killed, driving while under the influence of marijuana for a second offense within seven years, is a misdemeanor offense in Nevada.

When an individual is pulled over for suspicion of driving under the influence, the police officer may ask that the driver submit field sobriety tests. The police officer will be looking for signs that the driver has ingested marijuana or smoked marijuana, such as if the driver's pupils are dilated, if there is a marijuana smell, if the driver is showing short-term memory impairment, if the driver is having eyelid tremors or body tremors, and will be looking to see if the driver is unusually relaxed and uninhibited.

The police officer may ask for a police officer with specialized drug recognition valuation training to come to the scene. This specially trained officer will attempt to determine the driver's blood pressure, pulse, and will try to determine if the driver has “dry mouth.” The police officers may determine after this, that there is probable cause the driver is driving under the influence under marijuana, at which point the police officer will arrest the driver and take him or her to jail for an evidentiary blood test.

In addition to driving under the influence, there may be additional charges of marijuana possession filed against the driver. This can happen if the police officers find more than one (1) ounce of marijuana on the driver, or in the driver's vehicle. Although recreational marijuana use is legal in Nevada, an individual can NOT possess MORE than one (1) ounce. Marijuana possession of more than one (1) ounce is a Category D Felony in Nevada, and if convicted, the Defendant can spend up to four (4) years in prison. It is also illegal to use marijuana in a public place, like while walking the Strip or Fremont Street, while at a pool party, in a hotel room or while in a casino. If the defendant smokes marijuana in public, the Defendant faces a fine of $600.

When charged with a Second Offense Marijuana DUI, within seven years, the Defendant faces spending ten (10) days to six (6) months in jail, or on house arrest. The fines for this case can range from $750 to $1,000, not including any fee associated with the Court. The Judge may order the Defendant to attend, and complete, a DUI school, Victim Impact Panel, an alcohol/drug dependency evaluation and a drug abuse treatment program. The Defendant will also be ordered to stay-out-of-trouble while the case is pending, or face further punishment.

If convicted of a Second Offense DUI, under the influence of Marijuana, the Department of Motor Vehicles will suspend the defendant's driving privileges for a period of one (1) year. This will happen upon notification from the Court, and the defendant will be sent a certified letter from the Department of Motor Vehicles with the beginning date, and the ending date. Upon reinstatement, the Defendant will have to have a SR-22 form on file with the Department of Motor Vehicles.

The quicker that you hire an experienced Las Vegas Marijuana DUI Attorney, the quicker he can begin working on your case. Las Vegas Marijuana DUI Attorney Josh Tomsheck has over a decade of experience working with Las Vegas Marijuana DUI Cases as both misdemeanor and felony offenses. Prior to working as a criminal defense attorney, he was a Chief Deputy District Attorney with the Clark County District Attorney's Office. This gives him the unique perspective of knowing how a prosecutor will approach the case, and knowing how to defend the allegations against you or your loved one. The quicker you contact him, the quicker he can begin working on your case. There are important deadlines that the police officers, Court and DMV must go by. If they do not follow these deadlines, it can greatly affect your case. Las Vegas Marijuana DUI Attorney Josh Tomsheck has hundreds of satisfied Marijuana DUI clients, as he has been able to get charges reduced, or dismissed entirely. For his case results, please click here. For your free consultation, please contact him here today!


LVNVDUI.COM and the law firm of Hofland & Tomsheck handles cases and represents individuals, both residents and visitors, charged with DUI and Drunk Driving offenses.

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If you are arrested or charged with a DUI in Las Vegas or surrounding areas, finding the best lawyer to fight for you should be your top priority. Just because you have been arrested does NOT mean you will be convicted. Attorney Josh Tomsheck of the law firm of Hofland & Tomsheck find the best defense to your Nevada DUI charge - - Fighting for Justice - - Fighting for you!