Marijuana DUI

DUI with Pot

You may think Driving Under the Influence is the legal term for “Drunk Driving”. In many cases a DUI arrest is based on the amount of alcohol that the driver consumed. Many people who are arrested for DUI who have not been drinking, or who have had 1 drink and their BAC (Blood Alcohol Content) is under the .08 legal limit. The reason is  – the driver has been “Drug Driving” – Driving Under the Influence of Drugs.

Drug Driving is the term used for a DUI when the ability to drive is impaired by the use of any controlled substance such as marijuana, cocaine, crack, heroin and/or prescription drugs. Drug Driving may also involve the combined use of a controlled substance and alcohol.  Drug Driving is not uncommon. It may surprise you to learn that a survey done by the National Highway Traffic Safety Administration (NHTSA) found that 1 in 8  weekend night-time drivers tested positive for the use of illicit drugs.

There is a good chance that if you have been pulled over for a DUI, and have used drugs that you will be charged with Drug Driving. What makes Drug Driving different from Drunk Driving is in addition to the DUI charge, you may also be facing additional drug charge(s). It’s time to call an experienced lawyer who can help, call RENO DUI LAW FIRM at (775) 786-5791 immediately.


Marijuana is a drug that many people view as harmless – it’s pot, it’s weed. Both Nevada and California have laws which permit the use of medical marijuana (the use of marijuana when prescribed by a physician).   It seems like since the medical marijuana laws came into effect, everyone has a marijuana card.  Smoking or otherwise consuming marijuana has become part of everyday life for many people.

What you may not know is, even with medical marijuana laws, marijuana consumption and possession remain the most common drug offenses in Nevada.  Marijuana use is a frequent component of DUI arrests.  Nevada laws permit patient’s use of medical marijuana patients at home – the state does not permit the use of marijuana and driving.

Nevada has enacted a per se law for marijuana and other drugs– the same law that applies to drinking and driving where you cannot refuse the test. If you are arrested for Driving Under the Influence, and the arresting officer thinks you have consumed marijuana or other drugs, the officer can request a blood test to see if you have marijuana or marijuana metabolites in your bloodstream. Nevada laws prohibit drivers from operating a motor vehicle with a detectable level of marijuana or marijuana metabolite present in the blood above a specific level.  The marijuana blood levels are as follows:

MARIJUANA 10 nanograms per milliliter 2 nanograms per milliliter
MARIJUANA METABOLITE 15 nanograms per milliliter 5 nanograms per milliliter

Marijuana Metabolites like THB especially for those who use marijuana frequently remain in your bloodstream long after you feel the effects. Other drugs like Marinol may show up as marijuana or marijuana metabolites in your blood.

If you have been arrested for a DUI that includes the use of marijuana you need an experienced attorney with a proven track record to beat your Drug Driving charge – call RENO DUI LAW FIRM at (775) 786-5791 for a FREE CONSULTATION.


While driving under the influence of marijuana is common, there may be another reason for your drug driving arrest – prescription drug or over the counter drug use. Prescription drugs are approved and reviewed by the Food and Drug Administration (“FDA”) for a specific potency, is prescribed at a certain dosage, and is often accompanied by warnings not to drive. Over the counter drugs like NyQuil can also affect your ability to drive safely.

If you have been arrested for DUI and you were taking prescription medicine, call RENO DUI LAW FIRM at (775) 786-5791 for a FREE CONSULTATION – talk to an experienced defense lawyer who can build your case!

The Nevada Supreme Court has found sufficient arguments to differentiate between illegal drugs prescribed for medicinal purposes and legally prescribed drugs. The prosecution needs to show that you were so impaired to a degree that made them incapable of safely driving then you can still be convicted of DUI.

There are many mitigating reasons that can be presented on your behalf, to help you win your Drug Driving case. May be you just started a new medicine, and were unaware how you would react to it? May be you are taking a combination of medications, that while each medicine by itself is fine, together caused your blood level to be over the limit.


Being arrested for a driving under the influence of other drugs is not uncommon in Nevada. The State of Nevada current blood levels of other drugs in relation to DUI are as follows:

SUBSTANCE nanograms per milliliter nanograms per millilier
Amphetamine 500 100
Cocaine 150 50
Cocaine Metabolite 150 50
Heroin 2000 50
Heroin Metabolite / Morphine 2000 50
6-Monoacetyl Morphine 10 10
Lysergic Acid Diethlamide 25 10
Methamphetamines (Meth) 500 100
Phencyclidine 25 10

However, if you have been arrested for a driving under the influence of meth, heroin, cocaine or other illegal drugs, in addition to your DUI charges the district attorney is most likely charging you with drug possession or other drug related crimes.

These charges you are facing may scare you, not only are you facing high fines and potential loss of your driver’s license, but you may be facing jail or prison time. The first thing to remember is: do not say anything to the police other than to ask to speak with your lawyer – Lee Hotchkin of RENO DUI LAW FIRM. Call us at (775) 786-5791 immediately! Lee can meet you at our office or at the jail if need be.


If you have been arrested for a DUI with drugs, you face many of the same issues that someone arrested for drunk driving would face. For a first offense, you could be looking at fines up to $1000, up to 6 months of jail time, and potentially losing your license. You may be facing other drug charges as well.

If someone is arrested for drunk driving in Nevada, their license is typically confiscated upon arrest. In the case of drug driving where the driver submits to a blood test the license will not be suspended until the test results come back positive, which may take several weeks. The Nevada DMV would then notify you via mail of the suspension of your license.

You need a good defense lawyer to defend your rights. Call RENO DUI LAW FIRM at (775) 786-5791 immediately for a FREE CONSULTATION.

Lee will begin building a strategy for your defense immediately. During your first meeting he will discuss with you the charges you face, review the police report, answer any questions you may have, and discuss with you the next step to secure a successful outcome. We have successfully defended thousands of individuals facing DUI charges. We know how to build your case to provide you with the best possible representation and help you win.

You deserve an affordable and experienced DUI attorney who will aggressively defend you and will fight for your rights – at RENO DUI LAW FIRM it’s what we do!