Driving under the influence of marijuana (also known as marijuana DUI) carries significant consequences in Nebraska, including fines, loss of driving privileges, and potential jail time.
Omaha Lawyers for Marijuana DUI
Whether it’s by misunderstanding or mistake, many people are arrested each year for “marijuana DUIs” or driving under the influence of marijuana. Because marijuana is a controlled substance, it is considered an impairing substance and is cause for arrest if an officer believes it is impacting your driving.
Liberty Law Group is an experienced group of attorneys that defend against all manner of traffic crimes, including marijuana and alcohol-related DUIs.
Contact an attorney today for a free consultation by filling out our online form or calling our office at (402) 865-0501.
Our firm proudly serves the communities of Omaha in Douglas County, Lincoln in Lancaster County, Papillion in Sarpy County, and across the neighboring counties of Dodge, Cass, Washington, Saunders, and throughout Eastern Nebraska.
We also represent those charged in Iowa, including the communities of Council Bluffs in Pottawattamie County, Iowa, and surrounding areas.
- What Is Marijuana’s Status in Nebraska
- What Is a Marijuana DUI?
- Penalties for Marijuana DUI
- Non-Jail Alternatives
- Defenses Against Marijuana DUI in Nebraska
- Role of a Marijuana DUI Lawyer
- Frequently Asked Questions
- Additional Resources
What Is Marijuana’s Status in Nebraska?
In Nebraska, marijuana is classified as a Schedule I controlled substance under Nebraska Revised Statute 28-405. This means marijuana has a high potential for abuse, no recognized medical use, and lacks safe medical supervision.
The term “marijuana” under Nebraska law includes all parts of the cannabis plant and its derivatives, with the exception of cannabidiol (CBD) in FDA-approved products.
Because marijuana is classified as a Schedule I substance, possession, use, cultivation, and distribution are illegal in Nebraska. Penalties vary depending on the amount in possession and the nature of the offense. For instance:
- Possession of one ounce or less is considered an infraction punishable by a fine.
- Possession of more than one ounce but less than one pound is a misdemeanor.
- Possession of more than one pound or intent to distribute can lead to felony charges.
What Is a Marijuana DUI?
To convict a defendant of a Marijuana DUI under Nebraska Revised Statute 60-6196, a prosecutor must prove two elements:
- Operating or Being in Control of a Vehicle: Operating means driving the vehicle, while being in “actual physical control” means the defendant must have the ability to operate the vehicle even if they’re not driving. For instance, sitting in the driver’s seat with keys in the ignition can be considered “actual physical control.”
- Under the Influence of Marijuana: The prosecutor must prove the defendant was impaired by marijuana to an appreciable degree while driving or in control of the vehicle. Unlike alcohol, there is no specific THC level required to establish impairment. The focus is on observable effects such as erratic driving, physical signs of intoxication (red eyes, slow responses), and performance on field sobriety tests.
Field sobriety tests and drug tests can be used as evidence. However, the mere presence of THC is not enough to prove impairment since THC can remain in the body long after its effects have worn off.
Penalties for Marijuana DUI
| Offense Classification | Penalties |
|---|---|
| First Marijuana DUI (Class W Misdemeanor) | Up to 60 days in jail (no minimum required), up to $500 in fines, 2 to 6 months license revocation. |
| Second Marijuana DUI within 15 years (Class W Misdemeanor) | Minimum 10 days up to 6 months in jail (or 240 hours of community service instead), up to $500 in fines, 18 months license revocation. |
| Third Marijuana DUI (Class W Misdemeanor) | Minimum 30 days up to 1 year in jail, up to $1,000 in fines, 2 to 15 years license revocation. |
For more serious cases or repeated offenses, penalties can increase significantly, including longer jail terms, higher fines, extended license revocations, and the use of monitoring devices.
Non-Jail Alternatives
- Community Service: For second offenses, 240 hours of community service may be performed instead of a minimum 10-day jail sentence.
- Drug Treatment Programs: Courts may allow participation in drug treatment programs, particularly for repeat offenders.
- Fines and License Suspensions: Alternatives to jail may include fines and extended license suspension rather than incarceration.
Defenses Against Marijuana DUI in Nebraska
- Unlawful Traffic Stop: It can be argued whether the police had valid reasons to stop the vehicle. If there is no evidence of erratic driving or other justifiable reasons for the stop, the evidence obtained after the stop might be suppressed.
- Not in Actual Control of the Vehicle: A defense may be presented that the individual was not driving or in physical control of the vehicle as required under Nebraska law.
- Challenging Drug Test Accuracy: The accuracy and reliability of drug tests, including the use of Drug Recognition Experts (DRE) and urine testing processes, can be questioned.
- Violation of Rights: If Miranda rights were not read or the right to refuse chemical testing was not properly explained, this could invalidate the evidence gathered against the individual.
- Independent Medical Examination Denied: A defense may be built around the argument that the individual was denied the opportunity for an independent medical evaluation, which could challenge the legality of the arrest.
Role of a Marijuana DUI Lawyer
- Explanation of Charges: Your lawyer helps you understand the charges, potential penalties, and the legal process.
- Communication with Law Enforcement: The lawyer handles communication with law enforcement to avoid self-incrimination.
- Review of Evidence: Your lawyer will scrutinize police reports, lab results, and witness statements for inconsistencies or weaknesses that could benefit your case.
- Negotiation with Prosecutors: Your lawyer negotiates with prosecutors to reduce charges or penalties and seeks alternative sentencing options like drug treatment programs.
- Court Representation: They will represent you in court, preparing a strong defense and protecting your rights throughout the legal process.
Frequently Asked Questions
- What is a Marijuana DUI in Nebraska? A Marijuana DUI occurs when someone drives or controls a vehicle while impaired by marijuana.
- What are the penalties for a first-time Marijuana DUI? A first-time offense can result in up to 60 days in jail, fines up to $500, and a 6-month license revocation.
- How does Nebraska classify marijuana? Nebraska classifies marijuana as a Schedule I controlled substance under Nebraska Revised Statute 28-405.
- What defenses can be used in a Cannabis DUI Case? Common defenses include challenging the legality of the traffic stop, drug test accuracy, or actual vehicle control.
- What role does a criminal defense lawyer play in a Marijuana DUI case? A lawyer reviews evidence, handles legal proceedings, negotiates with prosecutors, and aims to minimize penalties.
- How can marijuana impair driving? Marijuana can affect reaction time, coordination, and decision-making, leading to impaired driving ability.
- What are the penalties for repeat Marijuana DUI offenses? Repeat offenses carry harsher penalties, including longer jail terms, higher fines, and extended license suspensions.
- What are the Nebraska laws related to Marijuana DUI? Relevant laws include Nebraska Revised Statute 60-6196 for DUI and Statute 28-405 for marijuana classification.
- Can the police stop a vehicle without evidence of impaired driving? No, a valid reason like erratic driving or impairment signs is necessary for a lawful traffic stop.
- What is Administrative License Revocation (ALR)? ALR automatically suspends a driver’s license after a DUI arrest, with conditions for temporary or permanent reinstatement.
Additional Resources
- Nebraska Marijuana DUI Laws – This is the Nebraska law on driving under the influence of marijuana or other drugs in the state. It explains that it is illegal to operate a vehicle while impaired by any substance, detailing the blood alcohol concentration limits and the penalties for violations, which can include fines and imprisonment.
- Administrative License Revocation – This document from the Nebraska Department of Motor Vehicles describes the Administrative License Revocation (ALR) process, which automatically suspends a driver’s license following a DUI arrest. It goes over the conditions under which a license can be temporarily reinstated and the requirements for permanent reinstatement, including fees and potential retesting.
- Cannabis and Driving – The CDC provides an overview of the risks associated with driving under the influence of cannabis. It details how cannabis impairs driving skills, like reaction time and decision making, and explains the legal penalties and health risks. The page also offers prevention tips for safe driving to avoid impairment-related incidents.
- Nebraska Drugged Driving – This page by NORML focuses on Nebraska’s laws regarding driving under the influence of drugs, including cannabis. It discusses the legal definition of impairment, the consequences of drug DUIs, and the state’s approach to enforcement, such as implied consent for chemical testing and penalties for non-compliance.
Hire an Attorney for Marijuana DUI in Douglas County NE
Liberty Law Group is an experienced group of attorneys that defend against all manner of traffic crimes, including marijuana and alcohol-related DUIs.
Contact an attorney today for a free consultation by filling out our online form or calling our office at (402) 865-0501.
Our firm proudly serves the communities of Omaha in Douglas County, Lincoln in Lancaster County, Papillion in Sarpy County, and across the neighboring counties of Dodge, Cass, Washington, Saunders, and throughout Eastern Nebraska.
We also represent those charged in Iowa, including the communities of Council Bluffs in Pottawattamie County, Iowa, and surrounding areas.
