Hit by a driver on marijuana or drugs in Nevada: how is impairment proven, and does it change my claim?

Last updated October 25, 2026.

Nevada treats drugged driving much like drunk driving. It is unlawful to drive under the influence of a controlled substance, or with certain drugs in the blood or urine at or above listed levels, and a prescription is no defense to driving under the influence (NRS 484C.110(2), (3)). Police usually prove it with a blood test. For your Las Vegas drunk driving accident claim, proof of impairment can strengthen the fault case and open punitive damages (NRS 42.010).

Nevada exempts adults 21 and older from state prosecution for possessing cannabis (NRS 678D.200), and many people assume that means a driver who used it cannot be held to the same standard as a drunk driver. That is not how the statute works. Nevada's DUI chapter covers alcohol, controlled substances, chemicals and listed prohibited substances, and it has a separate set of blood limits for marijuana in the most serious cases. This page explains how impairment is tested and charged, and how each piece connects to the civil claim you bring for your own injuries.

How is drug impairment proven after a Las Vegas crash, step by step?

The officer looks for signs of impairment. Driving behavior, the crash itself, statements and observations at the scene give the officer reasonable grounds to ask for a test.
Implied consent applies. Anyone who drives on a highway or on premises open to the public is deemed to have consented to an evidentiary test of blood, urine, breath or another bodily substance to detect alcohol, a controlled substance or another prohibited substance, if an officer with reasonable grounds requests it (NRS 484C.160(1)).
The type of test depends on the drug. When a controlled substance or other prohibited substance is in issue, the officer may request a blood or urine test, or both; when marijuana is in issue, the officer may request a blood test (NRS 484C.160(6), (7)).
A refusal does not end the inquiry. If the driver refuses, the officer may apply for a warrant or court order directing that reasonable force be used to obtain blood samples (NRS 484C.160(9)). If the driver is dead or unconscious, the officer must direct that blood samples be taken (NRS 484C.160(3)).
The blood draw must meet set standards. In a criminal case, results are admissible only if the blood was drawn by a qualified person other than the arresting officer and the test was performed on whole blood, with an exception for clotted samples (NRS 484C.250(1)).
Charges follow the results and the harm. If someone died or suffered substantial bodily harm, the case may be charged as a felony under NRS 484C.430. Our page on how the criminal case affects your injury claim explains the court path.
You request the records for your claim. The crash report, the toxicology results and the court file may each come from a different office; see how to get the police report, blood test and court file after a DUI crash.

What does Nevada's law say about drugs and marijuana?

NRS 484C.110 gives prosecutors several routes. Which route applies matters, because some require proof of impairment and others turn only on the test number.

Route	What must be shown	Rule
Under the influence of a controlled substance	The driver was under the influence while driving or in actual physical control; being entitled to use the drug is not a defense	NRS 484C.110(2)(a)
Combined alcohol and drugs	The driver was under the combined influence of alcohol and a controlled substance	NRS 484C.110(2)(b)
Chemicals, poisons, solvents	Use to a degree that makes the person incapable of safely driving	NRS 484C.110(2)(c)
Listed prohibited substances	A level at or above the table, such as methamphetamine 100 ng/mL in blood, cocaine 50 ng/mL in blood, or heroin 50 ng/mL in blood	NRS 484C.110(3)
Marijuana (delta-9-THC) and its metabolite 11-OH-THC	2 ng/mL and 5 ng/mL in blood, applied only to violations punishable as a third offense within 7 years, under NRS 484C.410, or under NRS 484C.430 or 484C.440	NRS 484C.110(4)

The marijuana row is easy to misread. In the current statute, the marijuana blood limits are not in the general prohibited substance table in subsection 3. They appear in subsection 4, which applies only to the more serious violations listed there, including NRS 484C.430, the felony for causing death or substantial bodily harm. For other cases, a charge has to rest on another route in the statute, such as driving under the influence of a controlled substance, proved by the officer's observations, the driving and the test results together. Which route fits a particular drug is decided in the criminal case.

What happens when someone is seriously hurt or killed?

NRS 484C.430 applies when a driver who was impaired by alcohol or a controlled substance, or who had a prohibited substance at or above the levels in subsection 3 or 4 of NRS 484C.110, does any act or neglects any duty imposed by law while driving, and that act or neglect proximately causes the death of, or substantial bodily harm to, another person (NRS 484C.430(1)). The penalties are heavy:

Substantial bodily harm: a category B felony, 2 to 20 years in prison and a fine of $2,000 to $5,000 (NRS 484C.430(2)(b)).
Death, with no prior conviction: a category B felony, 2 to 25 years and a fine of $2,000 to $5,000 (NRS 484C.430(2)(a)(1)).
The sentence may not be suspended and probation may not be granted, and a prosecutor may not dismiss the charge in exchange for a plea to a lesser charge unless the charge lacks probable cause or cannot be proved (NRS 484C.430(4)).

When a crash kills anyone, the coroner must have blood drawn from each person who died, whether driver, passenger or pedestrian, and analyzed for alcohol and commonly misused substances; the findings are a public record (NRS 484C.170). Families can read who can bring a wrongful death claim in Nevada.

What changes the answer in your injury claim

A conviction. If the driver is convicted of the crime that caused your injury, the judgment of conviction is conclusive evidence of all facts necessary to impose civil liability for that injury (NRS 41.133).
Punitive damages. NRS 42.010 allows damages "for the sake of example and by way of punishing the defendant" where the defendant caused an injury by operating a motor vehicle in violation of NRS 484C.110, 484C.130 or 484C.430 "after willfully consuming or using alcohol or another substance." The usual caps in NRS 42.005 do not apply to those claims (NRS 42.010(2)). Our page on punitive damages against an impaired driver explains how they are pursued.
Your own share of fault. Impairment on the other side does not erase every argument about you. Your recovery is reduced by your share of fault and barred only if your share is greater than the defendants' combined (NRS 41.141).
The driver's insurance limits. An impaired driver may carry only the $25,000 per person minimum (NRS 485.185). See what happens when the impaired driver has minimum insurance.
Victims of Crime help. Nevada's program counts as a victim a person physically injured or killed as a direct result of a violation of NRS 484C.110 or an act punishable under NRS 484C.430 or 484C.440 (NRS 217.070(1)(d)). Motor vehicle injuries are otherwise excluded, but not in these cases (NRS 217.220(1)(a)). An adult passenger of the offender is excluded, though a minor passenger is not (NRS 217.220(1)(b), (2)). See how the Victims of Crime Program can help.
A commercial driver. Truck drivers face federal post-crash testing rules on top of Nevada law; see whether a truck driver has to be tested after a crash.

How big is the problem in Nevada?

The Nevada Office of Traffic Safety's 2026 Crash Facts report says that from 2020 to 2024, impaired driving fatalities, involving a driver at 0.08 or above or who tested positive for drugs, made up 45 percent of all traffic deaths in the state. For 2024 alone, it counts 149 deaths involving a substance-involved driver. Poly-substance involvement appeared in 89 of those, and marijuana was part of 66 of the poly-substance cases. The report notes that its drug categories should not be added together.

For example: a driver on prescription pills and marijuana

Imagine a driver named Hannah stopped at a red light on Sahara Avenue near Valley View Boulevard. A car behind her does not slow down and hits her at speed. Hannah suffers a broken pelvis. The other driver tells the officer he takes a prescribed medication that is a controlled substance and smoked marijuana earlier. All details here are hypothetical.

The officer has reasonable grounds and requests a blood test (NRS 484C.160(6), (7)). The driver refuses, so the officer obtains a court order and blood is drawn by a qualified technician (NRS 484C.160(9); 484C.250(1)). The results show the medication and THC. Because Hannah suffered substantial bodily harm, the case may be charged under NRS 484C.430. The marijuana blood limits in NRS 484C.110(4) can apply to that charge, and the driver's prescription is not a defense to driving under the influence of a controlled substance (NRS 484C.110(2)).

In Hannah's civil claim, a later conviction would be conclusive evidence of the facts needed for liability (NRS 41.133). If the evidence shows he willfully used the substances before driving, she can seek punitive damages without the usual caps (NRS 42.010). His policy carries only $25,000 per person, so Hannah also gives notice to her own insurer for an underinsured motorist claim. Her 2-year deadline to sue runs regardless of how long the criminal case takes (NRS 11.190(4)(e)).

Common mistakes after a drugged driving crash

Assuming legal marijuana means no DUI. Nevada sets marijuana blood limits for the most serious violations (NRS 484C.110(4)) and separately prohibits driving under the influence of a controlled substance (NRS 484C.110(2)).
Thinking a prescription excuses the driver. Being entitled to use the drug is not a defense to driving under its influence (NRS 484C.110(2)).
Waiting for the criminal case to finish. It can take months. Your own deadline keeps running.
Not asking for the toxicology. The blood results are central to both cases. Request them early through the right office.
Leaving out your own coverage. An impaired driver may carry only the minimum policy; your UIM coverage may matter most.
Missing the Victims of Crime deadline. The program has its own reporting and filing rules; check them as soon as you can.

What to do this week

Get the police event number and request the crash report.
Write down anything the driver said about drugs, medication or marijuana, and who heard it.
Ask how to obtain the toxicology results and the criminal case number.
Give written notice to the driver's insurer and to your own insurer, including any UIM claim.
Contact the Victims of Crime Program about eligibility.
Keep every medical record and bill in one folder.
Mark the 2-year injury deadline from the crash date.

Frequently asked questions

If the marijuana blood limits do not apply, can the driver still be charged?

The marijuana levels in NRS 484C.110(4) apply only to the more serious violations named there. In other cases, prosecutors look to the other routes in the statute, such as driving under the influence of a controlled substance (NRS 484C.110(2)(a)); which route fits a given drug is decided in the criminal case.

Does the driver have to agree to a blood test?

Drivers are deemed to have consented to an evidentiary test when an officer with reasonable grounds requests it (NRS 484C.160(1)). If the driver refuses, the officer may seek a warrant or court order to draw blood with reasonable force (NRS 484C.160(9)).

Do I need a criminal conviction to win my injury claim?

No. The civil claim is your own case about the driver's negligence. A conviction helps because it is conclusive evidence of the facts needed for liability (NRS 41.133), but the claim can go forward without one.

What if the driver was taking a legal prescription?

A prescription does not make impaired driving lawful: being entitled to use the drug is not a defense (NRS 484C.110(2)). For punitive damages, the driver must have caused the injury while violating NRS 484C.110, 484C.130 or 484C.430 after willfully consuming or using the substance (NRS 42.010).

Can I get the blood test results?

Often, through the criminal case or a records request, and later through discovery in your own lawsuit. Our page on getting DUI crash records in Las Vegas explains where to ask.

Where are these cases heard?

Justice courts hear only misdemeanors and civil claims up to $15,000 (NRS 4.370(1)(b), (3)), so felony DUI cases and larger injury lawsuits in Clark County are heard in the Eighth Judicial District Court. See our Las Vegas accident page for local agencies and courts. Our article on what to do if you are hit by a drunk driver covers the first steps.

If a driver on drugs or marijuana hit you, attorney Maysoun Fletcher can help you gather the proof and pursue every part of the claim. Call 702-333-6339 for a free consultation; we answer 24/7.