According to statistics reported in the Reno Gazette-Journal , there were 852 arrests of individuals in the last six months of 2017 solely for Marijuana DUIs. This is a significant increase over 2016 when there were 560 individuals arrested for this same crime. This number is only reflective of individuals who solely had cannabinoids, or marijuana compounds, in their blood system. Those individuals that were both drunk and high were not counted, as they are not usually tested for marijuana since a breathalyzer is faster and cheaper. If these individuals were counted, chances are the 2017 numbers could be much larger.

The Nevada Revised Statute Section 484C.110(3) provides that if a person who is driving under the influence of a controlled substance, or is in actual physical control of a vehicle on roads accessible to the public, is unlawfully driving if their urine sample shows at least ten nanograms of marijuana per milliliter or the blood test shows two nanograms of marijuana per milliliter. This can equate to as a little as one gram of cannabis being inhaled or ingested. Marijuana metabolite can also be used to pursue a DUI charge, but there is more controversy as to the testing of metabolites.

Metabolites are what remains after your body has broken down marijuana and the psychoactive “high” is no longer present.  Heavy users of marijuana can have metabolites in their body for weeks after they have used for the last time. There have been cases where heavy marijuana users have not inhaled or ingested anything prior to an accident and may have even been released. Yet, weeks later they have been officially arrested for marijuana DUI  after a blood test was performed while they were in the hospital. This lapse in time is due to the backlog of tests a toxicologist has to perform at any given time.

There are a couple of reasons for this increase in the number of Marijuana DUIs. Police officers are screening more often for marijuana. They are asking more questions like “When was the last time you smoked?” People who answer that they smoked in the last couple of days usually get pulled out for testing. Unfortunately, there is a lot of people that think if they didn’t smoke the same day they drive that they will be safe—and you may be on of them. You are probably correct that you are in reality safe to drive, but not according to the state law necessarily.

Your personal feelings about how much marijuana it takes to get you “high” is irrelevant. Because pot stays in your system so long, unlike alcohol, a person may be over the legal limit for a few days after consuming this controlled substance. Someone who smokes every night before bed has a good chance of being over the legal limit and officers are well aware of this.

Until the law changes to reflect a level that actually signifies impairment, smoking on a nightly basis is putting you at risk of a marijuana DUI. Take note of the last time you smoked before you get behind the wheel and remember: you have not legal obligation to tell the officer when the last time was that you used marijuana.

There are several ways to contest marijuana DUIs. Maybe the officer didn’t have a legal right to pull you over or the officer may not have assessed the situation correctly. You may have had a physical condition that caused you to look “high,” but in reality, you were tired, sick, or having an allergic reaction. If you have been accused of this crime, then you need the aggressive and knowledgeable assistance of a proven marijuana DUI lawyer. Jesse Kalter has had countless DUI cases dismissed or reduced due to his tenacious pursuit of justice. You need to act fast if you want to keep your driver’s license and continue you on with your life. Jesse Kalter is available to serve Reno, Sparks, Carson City, Fallon, Fernley, Dayton, Yerington, Douglas County, and all other Northern NV rural counties.

Getting arrested for a Marijuana DUI is a stressful event.
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