Omaha Drug DUI Lawyers

Serving Lancaster, Sarpy, Saunders, Cass, Douglas, Seward Counties & Nearby Areas

Drug-related DUI charges are just as serious as those involving alcohol. They can be charged as misdemeanors or felonies, depending on the facts and circumstances of the case. Whether your charges involve marijuana, a medical prescription, or some other type of legal or illegal drug, a DUI conviction can have serious consequences; from losing your license to heavy fines and impacting your future with a criminal record, your life can change overnight. 

At Omaha DUI, we understand what you are up against. Our skilled legal team has handled innumerable DUI cases with aggressive advocacy, close client care and communication, and the drive to exceed your expectations in professionalism and results. We take the time to thoroughly analyze the facts and circumstances of your arrest and its evidence to determine how best we can fight for you against the state. 

Learn more about your case and how we can help in a free initial consultation with an Omaha drug DUI attorney. Call (402) 543-3754 or reach out to Omaha DUI on our contact form. We serve clients in Lancaster, Sarpy, Saunders, Cass, Douglas, and Seward Counties.

What Drugs Can Lead to a DUI Arrest in Nebraska?

A variety of substances can impair your ability to drive and lead to a DUI arrest. These substances fall into several categories. 

Driving under the influence of prescription medicines can include painkillers, such as Vicodin or oxycodone, anti-anxiety medications, like Valium and Xanax, or stimulants, such as Adderall or Ritalin. Over-the-counter medicines such as antihistamines like Benadryl, cough medicines like NyQuil, or sleep aides can also apply. 

Ingesting illegal drugs, including synthetic drugs, can lead to arrests and charges. They can range from marijuana to cocaine, methamphetamine, heroin, MDMA (ecstasy), and more. 

Nebraska has not legalized the medical or recreational use of marijuana. The penalties for driving under marijuana or any other drug that impairs your abilities are the same as those for alcohol. They depend on whether it is a first offense, second offense, or subsequent offense, whether you caused an accident or had other aggravating factors. 

All of these drugs can affect your central nervous system in numerous ways, from delayed reaction time to poor coordination in handling vehicle controls and an increased risk of falling asleep at the wheel. You can misjudge distances and speed, causing you to make risky driving decisions. 

How Drugs Are Measured in Nebraska DUI Cases

In Nebraska, determining drug impairment can involve several steps. Field sobriety tests may be conducted during the traffic stop, as well as chemical tests to detect the presence of drugs in your system. These can include blood, urine, and saliva tests. 

Blood tests are the most reliable and can accurately measure drug concentration in the bloodstream. Due to the need for sterile conditions and precise handling, they are typically done in a medical setting. 

Urine testing can detect the presence of drugs but not their exact concentration. However, they can sometimes yield false positives or fail to provide a timely measure of impairment. Saliva tests can quickly detect recent drug use. 

Each chemical test has its advantages and limitations, and the choice of test can depend on the specifics of the DUI case. It is essential for individuals facing drug-related DUI charges to understand these testing methods and work with a knowledgeable attorney who can challenge the validity and accuracy of the results if necessary.

Common Defense Strategies for Drug DUI

When defending against drug DUI charges in Nebraska, several common strategies can be employed to challenge the prosecution’s case. 

Here are some of the most frequently used defense tactics:

• Challenge the Traffic Stop: Question the legality of the initial traffic stop. If the officer did not have a valid reason for pulling you over, any evidence obtained during the stop may be inadmissible.
• Question the Field Sobriety Tests: Field sobriety tests are not always reliable indicators of impairment, especially for individuals with physical or medical conditions that may affect their performance.
• Dispute the Drug Test Results: Challenge the accuracy and reliability of chemical tests, such as blood, urine, or saliva tests, used to detect drugs.
• Challenge the Chain of Custody: Dispute the chain of custody for the drug testing samples to show that the evidence may have been tampered with or mishandled.
• Present an Alternative Explanation: Provide an alternative explanation for any signs of impairment or suspicious behavior. For example, argue that observed symptoms were due to a medical condition or a different substance.
• Assert Prescription Medication Defense: If you were using prescription medication legally, argue that you were not impaired and followed the prescribed dosage.
• Highlight Procedural Errors: Point out any procedural errors made during the arrest or testing process, such as failure to follow proper protocols or failure to inform you of your rights.
• Negotiate a Plea Deal: In some cases, it may be beneficial to negotiate a plea deal to reduce charges or penalties in exchange for a guilty plea.

Get personalized legal advice for your drug DUI charges. Reach out online or call now at (402) 543-3754 to schedule a no-cost consultation with our Omaha attorneys.