Medical marijuana and DUI in Nevada

1
Medical Marijuana and DUI in Nevada
2
Garrett T. Ogata
Make no mistake about it, your Medical Marijuana
card is no defense to a DUI. If you are impaired
by marijuana, you should NOT be operating a
vehicle. This is a violation of law and places
you and other innocent people in danger. That
being said, everyone should be on notice of what
the law is and know their constitutional rights
and how to invoke them. - Garret T. Ogata,
Attorney at Law
3
Medical Marijuana

• The Nevada Medical Marijuana Program is a state
  registry program within the Nevada Department of
  Health and Human Services whose role is to
  administer the provisions of the medical use of
  marijuana.
• Those who undergo a medical marijuana treatment
  plan suffer from anorexia, multiple sclerosis,
  glaucoma, hepatitis C, Crohns disease, epilepsy,
  HIV/AIDS and much more.
• After obtaining your medical marijuana card, you
  can now lawfully utilize, possess and raise
  marijuana of a certain quantity. Only people that
  carry a medical cannabis card can do these, so it
  is crucial to ensure you have the identification
  whenever you use, have or grow cannabis.

4
DUI Prohibited Substance And Impairment

• A person who cannot safely drive or take physical
  control of a vehicle due to the influence of
  marijuana, prohibited substances, chemicals,
  organic solvents, compounds, or controlled
  substances can be charged with a DUI.
• There is also the possibility of a per se
  violation, which occurs if a persons blood or
  urine has a certain concentration of marijuana
  even if he or she is fully capable of driving
  safely.
• Even if legally prescribed by your doctor, if
  this concentration is found in your blood or
  urine, it can be used to prove you were impaired.

5
Breathalyzer vs. Blood Test

• If a stop leads to ones arrest for a DUI, a
  blood test is issued to determine the THC or
  metabolite levels for Nevadas prohibited
  substance per se DUI.
• Nevadas prohibitive levels for marijuana are
  very low
• Marijuana THC per se limit is only 2 nanograms
  per milliliter of blood
• Marijuana metabolite is only 5 nanograms per
  milliliter of blood
• Because these prohibitive levels are low, users
  of medical marijuana who drive are most likely to
  fail a blood test and will be considered driving
  under the influence of drugs.

6
License Suspension

• In addition to all of the fines and possible jail
  time associated with a DUI charge, your license
  is also suspended due to the charge. In fact, the
  DMV can suspend your license even if the DUI
  charges are dismissed or reduced.
• After blowing a 0.08 or greater on a
  Breathalyzer, an officer will provide for you a
  temporary license which last for only 7 days,
  during which time you must request a DMV/DUI
  hearing and a temporary driver license.
• Only through an attorney can you minimize the
  damaging effects of your livelihood after license
  is suspended.

7
The DUI Process Of Medical Marijuana

• A brief summary of the DUI process of medical
  marijuana is as follows
• Because driving is considered a privilege and not
  a constitutional right, DMV hearing burden of
  proof is much lower than the high standard in
  criminal of proof of each and every element
  beyond a reasonable doubt.

8
Knowing Your Rights

• If you are being accused of a crime, You have
  the right to remain silent This is a right that
  is rarely used but still is up to you to invoke
  whether or not you are innocent or guilty.
• Once you respond to law enforcement questions you
  are putting yourself at risk and not affording
  yourself the protections of the 5th amendment,
  your right to remain silent.
• Also, politely refuse any field sobriety tests.
  These tests are difficult to pass and in almost
  all cases, the person taking the test does not
  know what to do to pass the test.
• Always demand search warrant to search your
  vehicle and home.

9
Contact Us

• Garrett T. Ogata and his team of experts are
  leaders in DUI defense in Las Vegas. Our
  dedicated mission is to alleviate you of all
  charges, an acquittal at trial, or reduced
  charges at a non-DUI level. When charged with a
  DUI, working with a highly experienced attorney
  is the smartest choice in achieving these goals.
• With in-depth knowledge and experience of the DUI
  process, it is crucial to understand the judicial
  perspective on medical marijuana to work
  effectively in building your case. Contact the
  Law Offices of Garrett T. Ogata today and allow
  us to professionally protect your rights.

http//www.gtogata.com