In the State of Nevada, an individual can be charged with the serious Category B Felony, Marijuana DUI Causing Substantial Bodily Harm or Death, even if he or she has never been arrested, or charged, with Driving under the Influence of any substance in the past. This is because the State of Nevada takes cases where an individual was harmed, or killed, very seriously, even if the incident is an accident. The Nevada legislature has made it a Felony criminal offense, punishable by 2-20 years of mandatory prison, if a person is driving under the influence and is in a motor vehicle accident which results in death or harm to someone else. Luckily, an arrest or accusation does not mean a conviction and there are a multitude of defenses available to help a Defendant accused of seriously harming or killing another individual while driving under the influence. An experienced Las Vegas Marijuana DUI Attorney, like Josh Tomsheck, can work with you, or your loved one, accused of this crime to create the best resolution available.
The State of Nevada typically prosecutes felony DUI cases. To prosecute an individual for a Marijuana DUI Causing Substantial Bodily Harm or Death, the State has three different theories. The first theory is the “per se” theory, which is that the law presumes a person to be too impaired to drive if the THC or it's metabolite is over a certain statutory amount at the time of driving. In Nevada, the per se amount the law presumes as being too impaired to legally drive is two (2) nanograms of THC per milliliter of blood, or higher than five (5) blood nanograms of marijuana metabolite per milliliter of blood. The second theory the State can proceed under is that a blood draw, taken within two (2) hours of driving, is over the legal limit. The third, and final, theory is called the impaired driving theory. The prosecutors are not required under this theory to provide evidence of marijuana levels in the person's bloodstream, but rather that the driver was under the influence of marijuana “to any degree, however slight” which rendered the Defendant incapable of safely driving a car, which can lead to the Defendant being deemed to be under the influence.
Upon being arrested, the Defendant's blood will be drawn for testing for the presence of THC or metabolite in the driver's system. There are number of steps that police officers must follow in order for the evidentiary blood test results to be admissible in Court. If these steps are not followed precisely, it is possible that the entire case can be dismissed.
A charge of Marijuana DUI Causing Substantial Bodily Harm or Death automatically makes the Defendant ineligible for Clark County's Specialty Felony DUI Court. This means that if convicted, the Defendant faces between two (2) years to twenty (20) years in a Nevada prison. This sentence is mandatory, meaning that the person convicted cannot be granted probation, but must serve the time in prison. Additionally, the Defendant can face fines between $2,000 and $5,000. Upon conviction, the Department of Motor Vehicles may permanently revoke the Defendant's driving privileges. A Felony Marijuana DUI Causing Substantial Bodily Harm or Death can be a very tricky and challenging case. However, an experienced Las Vegas Marijuana DUI Attorney will be able to help you in this unfortunate incident.
If you, or your loved one, is accused of driving under the influence and causing substantial bodily harm or death, it is important to discuss the specifics of the case with an understanding, experienced Las Vegas Marijuana DUI Attorney as soon as possible. The quicker you contact an experienced Las Vegas Marijuana DUI Attorney, like Josh Tomsheck, the quicker he can help put this unfortunate incident behind you or your loved one. In some cases, it is possible the prosecutor can be convinced to amend or reduce the charge to a lesser offense. There are also a variety of defenses available to an individual accused of a crime, which are tailor made to fit the aspects of the individual case. Las Vegas Marijuana DUI Attorney Josh Tomsheck has handled hundreds of DUI cases, many of which the Defendant is accused of driving under the influence and causing substantial bodily harm and/or death with positive results. Josh Tomsheck has been able to help DUI clients have their charges reduced to a lesser offense and dismissed entirely. For more on his case results, please click here. For your free consultation, please contact him here today!