Driving under the influence of marijuana is a crime in Nevada. This article explains the penalties imposed for DUI violations, but other laws regarding marijuana possession may also apply to drivers and passengers. Also, while Nevada allows medical marijuana use under limited circumstances, it is still a crime to drive after such use if the driver’s ability to safely operate a vehicle has been diminished. (Nev. Rev. Stat. Ann. § 484C.110.)
For information about how Nevada treats marijuana possession, sale, and manufacture, see Nevada Marijuana Laws.
To learn about Nevada's medical marijuana laws, see Nevada Medical Marijuana Laws.
Driving Under the Influence of Marijuana
It is illegal to drive a vehicle while under the influence of marijuana, alcohol, other drugs, or a combination of substances. When alcohol is involved, a blood alcohol level of 0.08 percent of the driver's blood, by volume, will conclusively establish that the driver is under the influence (if the level is less, the prosecutor can still point to the driver's actions to prove that he was under the influence).
When marijuana is involved, a level of 2 nanograms per milliliter of the driver's blood, by volume (10 n/ml in the urine), or 5 n/ml of metabolites in the blood (15 n/ml in the urine), will conclusively establish that the driver is under the influence. The prosecutor will not need to present proof of impairment in the driver’s faculties. However, absent the requisite marijuana blood or urine concentration levels, the prosecutor may still point to the driver’s actions to show that the driver was under the influence. (Nev. Rev. Stat. Ann. § 484C.110.)
Penalties for Driving Under the Influence
Penalties vary according to whether the offense is a first of subsequent conviction. And, while not described here, harsher penalties may apply if alcohol is also involved in the offense, or if a minor was in the vehicle at the time of the offense.
- First convictions. Penalties include a fine of between $400 and $1,000, and between 48 and 96 hours of community service; or participation in a substance abuse education or treatment course, and at least two days in jail.
- Second conviction within seven years. Penalties include a fine of between $750 and $1,000, at least ten days in jail, and participation in a substance abuse education or treatment course, and at least two days in jail. The judge may additionally (or in lieu of part of the fine) order the defendant to participate in community service work.
- Third and subsequent convictions. Penalties include a fine of between $2,000 and $5,000, and between one and six years in prison.
An Important Note on Local Legal Representation
If you have been charged with a marijuana-related driving offense, consult an experienced criminal defense attorney. While the penalties and consequences of a marijuana charge are governed by statutory law, only a local criminal defense attorney can tell you how cases like yours tend to be handled by prosecutors and judges in your courthouse.
