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
- Garret T. Ogata, Attorney at Law
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,
Crohn’s disease, epilepsy, HIV/AIDS and
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.
DUI Prohibited Substance
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 person’s 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
Breathalyzer vs. Blood Test
If a stop leads to one’s arrest for a DUI, a
blood test is issued to determine the THC
or metabolite levels for Nevada’s
prohibited substance per se DUI.
Nevada’s 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
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.
The DUI Process Of Medical
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.
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
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.
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