Driving under the influence of drugs or alcohol is a serious offense in Omaha. This includes driving while impaired due to marijuana. A person could face a marijuana DUI charge even in states where there has been the decriminalization of marijuana. A driver using marijuana for medical purposes could also face charges of a DUI.
If you have been charged with driving under the influence of marijuana, reach out to an experienced drug DUI attorney today. A dedicated Omaha marijuana DUI lawyer from the Berry Law could fight for you and ensure that your rights are protected.
Charges Someone May Face for a Marijuana DUI
In a marijuana DUI case, the driver might face both possession and DUI charges. In Omaha, the possession of marijuana of less than one ounce is an infraction with a $300 fine. If the driver was in possession of more than an ounce of marijuana, he or she could be facing higher penalties. These charges would be tact on along with the DUI offense, as well. For more information, consult with a marijuana DUI lawyer in Omaha.
What Does the Prosecution Need to Prove in a Marijuana DUI Case?
In a marijuana DUI case, the prosecution must prove there was impairment and show that marijuana was found in the defendant’s system. The prosecution must also show that the defendant was the one who was in operation of the vehicle. Prosecutors in Omaha take marijuana DUI cases seriously and work hard for a conviction.
Evidence in a Marijuana DUI Case
There are some minor differences in a marijuana DUI case and a case that is alcohol-related. For instance, a marijuana DUI case is more complicated and involves more parties than an alcohol-based case.
One of the major differences in marijuana DUI cases is when it comes to the evidence. In an alcohol-related DUI case, the blood alcohol content level is one of the key factors when it comes to showing impairment. However, in a marijuana case, a breathalyzer test will not be able to show that the driver is under the influence. Instead, a blood test will be used to show that the driver is under the influence. There is a flaw in blood evidence due to the fact that marijuana stays in a person’s system for many days. Therefore, just because someone has marijuana in his or her system it does not necessarily mean that he or she is impaired.
Other types of evidence in a marijuana DUI case include testimony from the arresting officer and witnesses, if any, are available.
Marijuana DUI Penalties
The potential penalties for marijuana DUI are the same as for an alcohol-related DUI. For a first offense, the penalty is a minimum of seven to 60 days in jail. The defendant could also be facing a fine of $500 and a driver’s license suspension. A subsequent offense carries even higher penalties and long-term consequences. A person facing these penalties should contact a marijuana DUI attorney in Omaha as soon as possible.
Contact an Omaha Marijuana DUI Attorney Today
If you have been charged with a marijuana DUI offense, you should reach out to a local attorney right away. An Omaha marijuana DUI lawyer is familiar with the prosecutors, judges, and the legal procedures in the county. Having this knowledge can be beneficial when it comes to defense strategies and negotiations. Call the Berry Law today and get started on your case.