Big Change in Nevada DUI Laws

DUI laws in Nevada are finally catching up to modern day legalization and use of marijuana. Effective July 1, 2021, Assembly Bill 400 went into effect which does away with the per se limits for marijuana on first and second time misdemeanor DUI allegations. Previously, if a driver was alleged to have 2 ng/mL of marijuana (THC) or 5 ng/mL of marijuana metabolite in a blood sample, the driver by law was assumed to be “under the influence” or per se driving intoxicated and would be convicted of driving under the influence.

These marijuana per se limits were set back in 1972 and never updated with changing times. The Nevada legislation finally realized that these per se limits did were not scientifically tied to prove one was “under the influence” to such an extent it would impair driving.

Now, police and prosecution must prove that a person had marijuana in their system and it directly impaired their ability do drive for misdemeanor offenses. This will be much more difficult for the government to prove in a court of law.