Omaha Drug DUI Lawyers

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.