Driving under the influence of drugs is prohibited under Nebraska law. If a law enforcement officer suspects that someone is under the influence of drugs, he or she could request a drug recognition expert to come to the scene and evaluate the driver to see if he or she is under the influence of drugs.
If you have been charged with driving under the influence of drugs, you should reach out to an experienced DUI attorney from the Berry Law. A dedicated Omaha drug DUI lawyer can advocate for you and help reach a favorable resolution to your case.
Drug DUI Penalties
Drug DUIs and alcohol-related DUIs have the same penalties. This means a first-time offender could be facing a fine of up to $500, up to 60 days in jail, and a driver’s license suspension. If drugs are found at the scene, the driver could face felony charges. An individual facing charges should obtain a drug DUI lawyer in Omaha as soon as possible.
In a DUI case, it does not matter whether the drugs are illegal or legal. If someone is under the influence, he or she could be charged with illegal drugs at the discretion of the law enforcement officer.
Involuntary intoxication may be a viable defense in a drug DUI case. In Nebraska, when an individual was truly involuntarily intoxicated, the attorney could explain that to the prosecutor who might dismiss the charge. If that is not the case, someone with an involuntary intoxication defense has a good argument at trial that he or she is not guilty of a DUI.
To get a conviction, the prosecutor must show evidence that the defendant was voluntarily intoxicated, and he or she was in control of the vehicle while under the influence of drugs.
Testing for the Presence of Drugs
To prove a driver is impaired, the authorities must show that the driver had physical control of their vehicle, and he or she was under the influence of drugs or alcohol. When the offense is alcohol-related, the prosecutor must prove that an individual had a blood alcohol content level of more than 0.08 percent.
To test for the presence of drugs, the law enforcement officer calls a drug recognition expert to the scene to observe the person for any potential signs of drug and/or alcohol impairment. The officer must get a blood test from the person to confirm the presence of drugs in their system. In Omaha, if a driver refuses a blood alcohol test, that can be charged as a separate charge for refusal in addition to the DUI.
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An Omaha Drug DUI Attorney Could Help
If you have been charged with a drug DUI offense in Omaha, you should reach out to an accomplished local attorney. An Omaha DUI drug lawyer knows the local prosecutors, judges, and court procedures, which can be beneficial when building a defense and looking at strategies. Call today and set up a consultation. Let a seasoned Omaha DUI drug attorney from the Berry Law fight for you.