Driving under the influence of marijuana, even with a medical marijuana card, is illegal.
How can you get a DUI for driving under the influence of marijuana?
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), shows that the driver is under the influence.
The prosecutor does not need to present proof of impairment. Even without this level of marijuana in the blood or urine concentration levels, the prosecutor can still report the driver’s inability to operate their vehicle and that he or she was under the influence.
Penalties involved
Penalties depend on the number of offenses the person has. Harsher penalties than listed may apply if alcohol was also involved or if a minor was involved at the time.
- First conviction: Penalties include a $400 – $1,000 fine and 48 – 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 $750 – $1,000 fine and/or community service work, participation in a substance abuse education or treatment course, and at least 10 days in jail.
- Third and subsequent convictions: Penalties include a $2,000 – $5,000 and between one and six years in prison.
The Winter Street Law Group offers free consultations on criminal and DUI offenses. Call 775-786-5800 or visit them online: http://winterstreetlawgroup.com/
