Marijuana is Now Legal – But Driving While High is Not

Now that recreational marijuana is legal in Nevada — and suppliers have been licensed — Nevada has seen an increase in drivers impaired by marijuana use. Drivers under the influence are dangerous and potentially deadly, and driving while high remains a crime despite legalization. Back in the early 1990s, one study showed that 2.7 percent of automobile drivers and 32 percent of motorcycle drivers who were involved in accidents tested positive for marijuana use. With widespread legalization, these numbers have likely increased significantly.

If you or a family member is involved in a crash caused by a marijuana impaired driver, you need experienced Las Vegas car accident lawyers who understand both DUI law and personal injury claims. At Paul Padda Law, our drug impaired driver attorneys will:

• Obtain the driver’s driving record;
• Investigate the facts and uncover evidence about when and how the driver consumed marijuana;
• Obtain the blood and urine test results;
• Document the cause and extent of your injuries including possible permanent injuries;
• File your personal injury and/or wrongful death lawsuit;
• Gather the testimony of the arresting and other officers needed to prove that the driver was impaired;
• Gather the testimony of other witnesses, medical professionals, and expert witnesses;
• Calculate your damages including medical bills, lost wages, pain and suffering, costs of future medical care, loss of use, disfigurement, property damage, and other losses;
• Prepare your case for trial;
• Conduct the trial and fight for you in every court hearing;
• Determine if punitive damages against the impaired driver are recoverable for his/her willful, intentional, malicious or with reckless disregard in getting behind the wheel; there are no limits to the amount of punitive damages available. NRS 42.010; and
• Fight with the insurance companies if they refuse to pay or slow-foot payment.

Nevada’s Legal Limits for Marijuana While Driving

Under Nevada law, a driver may be considered legally impaired while driving based on the presence of certain amounts of marijuana or marijuana metabolite in their blood. For third or subsequent DUI offenses within a seven-year period, per se impairment is established if blood contains:

• 2 nanograms of marijuana (delta-9-THC) per milliliter of blood; or
• 5 nanograms of marijuana metabolite (11-OH-THC) per milliliter of blood.

For first and second DUI offenses, prosecutors must prove actual impairment rather than relying solely on these blood thresholds, following the repeal of Nevada’s per se marijuana DUI standard for those offenses by AB 400 in 2021. Note that urine-based per se limits for marijuana are no longer in effect in Nevada as of July 1, 2017. Marijuana is the drug itself which usually dissipates within hours. The metabolite can stay in a person’s system for up to 30 days. Even though metabolite is not listed as a “controlled substance,” see NAC 453.510 (Schedule I controlled substances), marijuana metabolite is a “prohibited substance” for purposes of determining driving under the influence. State v. Williams, 93 P.3d 1258 (Nev. 2004).

What You Have to Prove to Recover Compensation

If you have been injured by a driver under the influence of marijuana, in your civil lawsuit, you must normally prove four elements:

• The driver owed you a duty of care;
• The driver breached that duty;
• The breach was the legal cause of your injuries; and
• Damages/injury.

All drivers owe other drivers and pedestrians the duty of being careful and being watchful. Drivers also owe a duty of care not to drive while impaired. When a driver makes a choice to drive drunk or to drive while high, the duty of care is breached.

However, under Nevada law, you might not have to prove all of those elements if the driver is convicted in a criminal proceeding of driving under the influence of marijuana. As a victim of an impaired driver, you have the right to file a civil lawsuit. That civil suit is different and separate from the criminal proceedings that the government pursues against the driver.

If there is a conviction in that criminal proceeding, under Nevada statute, that conviction is “conclusive evidence of facts necessary to impose civil liability for related injury.” NRS 41.133. The criminal conviction is also strong proof that punitive damages are warranted.

Other Evidence of Impairment

Aside from blood and urine tests, law enforcement officers conduct field sobriety tests at the scene. Among the tests and observations:

• Was the driver able to walk in a straight line or stand on one foot?
• Was the driver able to focus mentally and, for example, count to ten or recite the alphabet?
• Or, was the driver unusually calm and relaxed?
• Where the driver’s eyes bloodshot or watery? Or were his/her pupils dilated?
• Was there discoloration of mouth and tongue?
• Was there a “pot smell” in the vehicle or on the driver?

All of these are evidence of impairment which could be enough, under the law, for you to recover in a personal injury lawsuit or a wrongful death suit even in the absence of a conviction.

What Role Does Insurance Play?

For insurance purposes, a wreck or injury caused by a drunk or drug-impaired driver is the same as any other motor vehicle accident. If the driver who was under-the-influence is insured, their insurance company will pay for the damages caused up to the liability limit of the driver’s policy. Your Nevada car accident attorney can help you navigate the insurance claims process and pursue maximum compensation.

Consult with a Nevada DUI Accident Lawyer About Your Marijuana-Related Crash

Just like drunk driving, drug-impaired driving is not an accident. If you were injured or a loved one was killed, that driver made the choice to get behind the wheel after smoking. That driver made the choice to put everyone on the road in danger. Studies show that attentiveness, vigilance, perception of time and speed, and use of acquired knowledge are all affected by marijuana. As the linked study says: “… marijuana causes impairment in every performance area that can reasonably be connected with safe driving of a vehicle, such as tracking, motor coordination, visual functions, and particularly complex tasks that require divided attention.”

We believe drug-impaired drivers should be held accountable for their actions. If you have been injured in an impaired driving accident, contact a Nevada DUI attorney and car accident attorney from Paul Padda Law today.

If you or a loved one has suffered injury or death because of a drunk driver or a driver under the influence of marijuana, contact the personal injury lawyers at Paul Padda Law. Call today – the initial consultation is free.