Marijuana DUI

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When Nevada legalized marijuana for recreational use, many residents and visitors celebrated. However, this shift in the law has led law enforcement to focus on the offense of driving under the influence of marijuana or another controlled substance. If you’ve been arrested on a marijuana DUI charge, Miley Law Firm, P.C. in Las Vegas can outline the legal standards that apply and press for a fair outcome.  I have 25 years of experience of handling criminal defense matters and knows how to identify overzealous police work and prosecutorial misconduct that often trigger unwarranted charges and convictions.


Choosing the right attorney can make a significant difference in the result of your case. I offer knowledgeable counsel on all aspects of Nevada marijuana DUI cases, including:

  • Testing — Blood-alcohol concentration tests use a motorist’s breath or blood to determine whether they are too drunk to drive. However, testing whether a driver is impaired by marijuana is more complicated. The state has established legal limits for marijuana and marijuana metabolites (substances that remain after the drug has been absorbed into the body). This means that a driver might have an unlawful amount of pot in their system if even they are no longer feeling any effects of the drug. Police officers can also cite other factors to demonstrate that you were high behind the wheel, such as dilated pupils, slowed responses and the scent of weed in the car.
  • Medically prescribed marijuana — If your ability to operate a vehicle safely is impaired by a legally prescribed opiate or any other type of pharmaceutical, you can be convicted of a crime. Marijuana is no different. Legally, there is no distinction between someone who has exceeded the statutory limit under doctor’s orders and a driver who engaged in recreational use.
  • Penalties — Penalties for those convicted of driving under the influence of marijuana are similar to those handed down in alcohol-related DUI cases. A first offense is punishable by fines, license suspension and either jail time or community service. Sentences increase in severity for those who have committed multiple offenses within a seven-year period. A second marijuana DUI conviction carries a minimum 10-day sentence that can be served in jail or home confinement.

My extensive background as a Nevada criminal defense lawyer helps me to identify potential flaws in the prosecution’s case, such as arrests that occur without probable cause. Despite the fact people in Nevada are now allowed to use marijuana, many police officers might not be well trained as to what characteristics are truly linked to pot use and what supposed indicators are cultural clichés.

Contact an effective Nevada marijuana DUI defense attorney to set up a consultation

Miley Law Firm, P.C. represents Nevada clients who have been arrested on a charge of driving while under the influence of marijuana or a different drug. Please call 702-942-0600 or contact me online to schedule a meeting at my Las Vegas office.

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