Over the last several decades there has been a very vocal, and increasingly powerful, movement to make the use of medical marijuana and/or recreational marijuana legal across the United States.
Although the movement has been successful in several states in getting medical and/or recreational marijuana laws passed, Nebraska is not one of the states that has relaxed its marijuana laws to date. If you live in Nebraska, you likely know this.
You also likely know this means you can be charged with a criminal offense if you are found in possession of marijuana within the state. What many people fail to realize, however, is that driving under the influence of drugs, including marijuana, is a crime.
If you find that out the hard way, by being arrested and charged with driving under the influence of drugs, or DUID, do you need a marijuana defense attorney? The simple answer is “yes.”
The Law in the State of Nebraska
Just about everyone knows that driving under the influence of alcohol is illegal. Likewise, just about everyone knows that being found in possession of marijuana is illegal.
What many people don’t know is that driving under the influence of marijuana is also a crime in many states, including Nebraska. Nebraska Revised Statute 60, 6-196 governs the operation of a vehicle while under the influence of alcohol or any drug.
It is the last part that people are often unaware of, and which can lead to an arrest and conviction for a driver who is under the influence of marijuana. The relevant statute reads, in pertinent part, as follows:
It shall be unlawful for any person to operate or be in the actual physical control of any motor vehicle:
- (a) While under the influence of alcoholic liquor or of any drug;
- (b) When such person has a concentration of eight-hundredths of one gram or more by weight of alcohol per one hundred milliliters of his or her blood; or
- (c) When such person has a concentration of eight-hundredths of one gram or more by weight of alcohol per two hundred ten liters of his or her breath.
Marijuana Offenses in Nebraska
Although Nebraska has not enacted any laws that legalize marijuana, it is treated differently in Nebraska than other Schedule I controlled substances. Most criminal offenses relating to marijuana are found in Nebraska Revised Statutes, Section 28-416 which reads, in pertinent part, as follows:
- (11) Any person knowingly or intentionally possessing marijuana weighing more than one ounce but not more than one pound shall be guilty of a Class III misdemeanor.
- (12) Any person knowingly or intentionally possessing marijuana weighing more than one pound shall be guilty of a Class IV felony.
- (13) Any person knowingly or intentionally possessing marijuana weighing one ounce or less or any substance containing a quantifiable amount of the substances, chemicals, or compounds described, defined, or delineated in subdivision (c)(25) of Schedule I of section 28-405 shall:
- (a) For the first offense, be guilty of an infraction, receive a citation, be fined three hundred dollars, and be assigned to attend a course as prescribed in section 29-433 if the judge determines that attending such course is in the best interest of the individual defendant;
- (b) For the second offense, be guilty of a Class IV misdemeanor, receive a citation, and be fined four hundred dollars and may be imprisoned not to exceed five days; and
- (c) For the third and all subsequent offenses, be guilty of a Class IIIA misdemeanor, receive a citation, be fined five hundred dollars, and be imprisoned not to exceed seven day.
How Do the Police Prove I Was Under the Influence of Marijuana?
One of the biggest differences between the way DUID cases and DUI cases are handled is usually found in the chemical test you are asked to submit to after being placed under arrest. If an officer believes you are under the influence of alcohol, a standard breath test will be requested.
A breath test, however, can only detect the presence of alcohol in your breath. Drugs, including marijuana, do not register on a chemical breath test. For this reason, you may be asked to submit to a urine or blood test if the officer suspects marijuana use instead of, or in addition to, alcohol.
What Happens If I’m Convicted of DUID in Nebraska?
Once upon a time, a first-time conviction for DUI or DUID was not taken all that seriously. An offender typically received the proverbial “slap on the hand” for a first offense.
Today, however, you face serious judicial and noon-judicial penalties for even a first time DUID conviction. Along with the potential for jail time and hefty fines, you may also spend a considerable amount of time on probation and/or be required to install an ignition interlock device (IID) on your vehicle if you wish to be able to continue to drive.
You could also face professional discipline, lost job opportunities, and even interference with custody or visitation with your minor children if you are convicted of driving under the influence of drugs.
When Do I Need a Marijuana Defense Attorney?
Until the day comes that the State of Nebraska decides to enact a law that changes any of the above statutes, marijuana remains illegal in Nebraska. If you have been charged with one of the offenses related to marijuana, it is in your best interest to try and avoid a conviction.
Future employers, schools, and landlords will not bother to look into a conviction. They will simply see that you were convicted of possession/sale/cultivation/transport of a controlled substance.
An experienced marijuana defense attorney may be able to find a viable defense in your case after reviewing the police report and analyzing the evidence against you. You owe it to yourself and to you future to find out if there is a chance you can avoid a conviction that could threaten that future.
A Marijuana Defense Lawyer Can Help
If you are facing charges for driving under the influence of marijuana in the State of Nebraska, the best thing you can do for yourself is to retain the services of an experienced Nebraska marijuana defense lawyer.
Not only will your lawyer prepare a defense for your case, but he/she will protect you and your rights throughout the prosecution of your case.
Contact Us
If you are currently facing marijuana-related charges in Nebraska, it is certainly in your best interest to consult with an experienced Nebraska marijuana defense lawyer right away. In Nebraska contact Petersen Criminal Defense Law 24 hours a day to discuss your case with an experienced criminal defense lawyer.
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