Monthly Archives - January 2018

Marijuana DUI And New Police Training To Recognize DUI Suspects

It is no secret that more and more states all over the nation are legalizing marijuana, and not only for medicinal purposes. Nevada recently legalized marijuana for recreational use as well. Of course, this may lead to more cannabis users. One must not forget that marijuana is still a psychoactive substance and one that can mess with your brain. Obviously, smoking a joint and then hopping behind the wheel is not a very good idea – it’s pretty similar to drinking alcohol and driving.

Nevertheless, this is not stopping many from using cannabis and then operating their vehicle. One way or the other, though, when it comes to marijuana DUI, recognizing and establishing a cannabis user under the influence is more challenging than determining alcohol intoxication. After all, the most common tool that law enforcement officers have when it comes to determining DUI is the breathalyzer test – it works fine when it comes to alcohol and it can be used to prove that a person was drunk. Yet, the breathalyzer is utterly useless when it comes to marijuana DUI. The only viable way to establish if a person is under the influence of marijuana is through a blood test, which may not always be available for the police officers to use.

This does not necessarily imply that there are no other ways to establish marijuana intoxication. Hence, law enforcement officers are now undergoing new training sessions that are meant to help them establish marijuana DUI offenders quicker.

There are plenty of indications that could mean that a driver is under influence of cannabis. Red eyes are one of the first things that the police will look at. Furthermore, a throat becomes more yellowish from the fumes. Of course, sudden and unexpected laughter may occur as well as chaotic movements and unclear speech. These may all indicate that a person was smoking weed and operating the vehicle at the same time.

Field sobriety tests are also invaluable when it comes to determining cannabis DUI. New and more effective tests are being compiled by the authorities. Even though the results of these tests are generally subjective and cannot be used in court, failing the majority of them could serve as an indication that a person was smoking cannabis and driving.

The legislation is currently becoming more and more effective, offering new and more interesting approaches to DUI tests as well cannabis DUI in general. Hence, it is only a matter of time until the police will be fully equipped to instantly recognize cannabis DUI and to take immediate actions. One must remember that marijuana can impair a driver and could lead to unforeseen consequences on the road. For more information about marijuana DUI and defense, please call our Las Vegas DUI lawyer at (702) 978-6137 or email us using contact form.

What To Do If You Have an Out of State License, But Were Charged With a DUI in Nevada

Nevada is a notorious state when it comes to legal DUI penalties and was  the first to implement their so-called Zero Tolerance legislation so the punishment for driving under the influence of alcohol or drugs is getting worse every year. Furthermore, the Nevada DMV (Department of Motor Vehicles) ensures there is proof when the offender’s BAC (Blood Alcohol Content) surpasses the legal 0.8% threshold.

Obviously, if you have a Nevada driver’s license, you will be eligible for the restricted license that will last for thirty more days after the arrest took place. However, do not forget that this scenario does not apply to all cases. For instance, if you refused to submit yourself to a blood alcohol test or perhaps did not want to submit yourself to the breathalyzer, the DMV in Las Vegas will consider it a good enough reason not to provide you with a temporary permit. However, if you willingly submitted yourself to all the tests, the DMV will provide you with a temporary license, even if your BAC surpassed the 0.8% threshold.

But, what about drivers from other states? If you are from out of state, but are currently residing in Nevada, the DMV will refuse to provide you with a temporary permit to begin with. Needless to say, the DMV does not care if you could lose your job without your permit.

Some people got quite creative once the Nevada DMV started to act as the judge, jury, and executioner. People are deciding to move to other states to get their licenses there. But, the Las Vegas DMV went one step further and designed a very special database where they will put your license on hold, regardless of where you get it. This implies that you won’t be able to drive even outside Nevada.

Do not forget that it is critical to win the administrative hearing at the DMV and you will need a genuinely qualified legal defense expert to help you and ensure that you are doing your best to maintain your license.