As marijuana laws evolve across the country, many Nebraska drivers mistakenly believe that “legal” or “medical” use means it’s safe, or lawful, to drive after consuming THC. Unfortunately, under Nebraska DUI laws, any impairment behind the wheel caused by marijuana or THC can lead to serious criminal charges.
At Miltenberger Law Offices, we understand that a marijuana-related DUI isn’t the same as an alcohol DUI. The science is different, the testing is less reliable, and the penalties can still be severe. If you’ve been charged with driving under the influence of marijuana in Omaha or anywhere else in Nebraska, you need a DUI defense attorney who knows how to challenge THC testing, officer observations, and police procedures — and who knows how to win.
Call an expert Omaha DUI marijuana defense lawyer at Miltenberger Law Offices right now at (402) 217-2267 or reach out online for a free, confidential consultation.
Understanding Marijuana DUI Charges in Omaha
In Nebraska, marijuana is classified as a Schedule I controlled substance under Nebraska Revised Statute 28-405. This means, at least under state law, that marijuana has a high potential for abuse, no recognized medical use, and lacks safe medical supervision.
Nebraska law prohibits operating or being in physical control of a vehicle while under the influence of any drug that impairs your ability to drive safely. This includes marijuana, THC concentrates, and even prescription edibles.
Unlike alcohol DUIs, where a 0.08% BAC threshold defines intoxication, there is no specific legal THC limit in Nebraska. That means your arrest and conviction often rely heavily on subjective officer observations, like bloodshot eyes, smell, or slow responses, and on questionable chemical testing of blood or urine samples.
This uncertainty creates major opportunities for strong defense. At Miltenberger Law Offices, we use expert toxicologists and lab analysts to expose the weaknesses in how police test for marijuana impairment.
Penalties for Marijuana DUI in Omaha
Even a first-time marijuana DUI can carry harsh and lasting penalties under Nebraska Revised Statute § 60-6,196. For second or third offenses, penalties escalate quickly — including mandatory jail time, ignition interlock devices, and multi-year license revocations. A marijuana DUI conviction in the Omaha area also becomes part of your permanent record, affecting employment, education, and professional licensing.
Penalties can include:
| Offense | Classification | Jail | Fines | License Revocation | Notes |
|---|---|---|---|---|---|
| First Marijuana DUI | Class W Misdemeanor | Up to 60 days (no minimum required) | Up to $500 | 2–6 months | Court may order probation, treatment, or other conditions. |
| Second Marijuana DUI (within 15 years) | Class W Misdemeanor | Minimum 10 days up to 6 months or 240 hours of community service (in lieu of the 10-day minimum) |
Up to $500 | 18 months | Eligibility for community service depends on court order and case specifics. |
| Third Marijuana DUI | Class W Misdemeanor | Minimum 30 days up to 1 year | Up to $1,000 | 2–15 years | Penalties can increase for aggravating factors or repeat histories. |
How Police Test for Marijuana DUIs in Omaha
Unlike breathalyzers used for alcohol, marijuana impairment testing depends on urine or blood samples, which are far less reliable. THC metabolites can stay in your system for days or even weeks after use, long after any impairing effects have worn off.
When officers in and around Omaha suspect marijuana impairment, they often rely on:
- Field Sobriety Tests (FSTs): Coordination and eye movement tests that can be misinterpreted. Also, you are not legally required to take a FST. Refuse the test.
- Drug Recognition Expert (DRE) Evaluations: Subjective assessments by trained officers, not medical professionals.
- Urine or Blood Testing: Conducted at a state lab or hospital, but THC detection does not equal impairment.
At Miltenberger Law Offices, we know how to challenge every part of this process, from the legality of the traffic stop to the validity of the lab results. Give us a call today at (402) 217-2267 or contact us online to discuss the specifics of your case with one of our skilled DUI marijuana defense attorneys.
DUI Resources in Omaha, NE
- SR-22 Filing Info: Learn about filing form SR-22 (financial responsibility) with the state proving continued insurance coverage.
- Nebraska’s Point System: Read a breakdown of how points accrue on your driver’s license, including points for DUI offenses.
- Ignition Interlock Devices (IID): See information on all ignition interlock devices approved by the Nebraska DMV.
- Reinstate Your Nebraska License: Check requirements and pay fees needed for reinstatement of a revoked or suspended license.
- Nebraska DUI Court Best Practice Standards: Learn about the state’s DUI court, which works to protect public safety and increase the participant’s likelihood of successful rehabilitation.
What to Do If You’re Arrested for a Marijuana DUI in Omaha
A marijuana/weed DUI in Omaha is investigated very differently from alcohol cases—and the first 10–15 days are critical. Follow these steps to protect your license, your record, and your future:
Step 1: Stay Calm, Be Polite, and Say as Little as Possible
Hand over your license, registration, and insurance. If asked about marijuana, where you were, or what you consumed, politely say: “I’m invoking my right to remain silent and I want to speak with my attorney.” Do not argue, joke, or apologize. After all, the bodycam is rolling.
Step 2: Decline Voluntary Roadside Tests
In Nebraska, field sobriety tests and eye (HGN) exams are optional. They’re subjective and often used to justify arrest. You can say: “I don’t consent to any field tests.” (This is different from the post-arrest chemical test—see Step 6.)
Step 3: Do Not Consent to Any Searches
If an officer asks to search your car, phone, or backpack, respond: “I do not consent to any searches.” If they search anyway, don’t interfere—just let your Omaha DUI defense lawyer challenge it later.
Step 4: Call an Experienced Omaha DUI Defense Attorney Immediately
Ask to contact Miltenberger Law Offices at (402) 217-2267 as soon as possible. Early legal representation can:
- Prepare for Administrative License Revocation (ALR) deadlines (10 days) and bond conditions
- Stop unnecessary questioning and protect your statements
- Verify any testing timelines and chain of custody
- Push to preserve bodycam, dashcam, and station video
Step 5: Control What You Say — and What You Post
Do not discuss your case with friends, family, or on social media. Prosecutors can subpoena emails, DMs, texts, and posts. Share details only with your Omaha DUI defense lawyer.
Step 6: Understand Chemical Testing (After Arrest)
Nebraska’s implied consent law requires urine or blood testing after arrest. Refusal triggers automatic license sanctions and can be used against you. Let us challenge the legality, timing, storage, and lab methods.
Step 7: Protect Your Driver’s License Within 10 Days
You have 10 days to request an ALR hearing or your license will be automatically suspended. We file the request, contest the stop and testing, and pursue an ignition interlock permit so you can keep driving legally.
Step 8: Start Smart Mitigation Early
Done right, early mitigation can improve plea negotiations or sentencing outcomes without admitting guilt. Depending on the specifics of your case in the Omaha area we may recommend proactive steps, such as:
- Drug education/awareness, counseling, or outpatient treatment
- Interlock installation/monitoring compliance
- Counseling (anger, mental health), community service, employer letters
Why Choose Miltenberger Law Offices to Defend Your Omaha Marijuana DUI
Not all DUI defense law firms are built the same. At Miltenberger Law Offices, we combine extensive courtroom experience with modern investigative techniques to build the strongest defense possible.
Your freedom, license, and reputation deserve a defense that’s relentless. Here’s what we provide:
- 24/7 Availability: Marijuana DUI arrests don’t wait for office hours. Neither do we.
- Scientific & Legal Knowledge: We understand the chemistry and technology behind DUI drug testing, allowing us to challenge the prosecution.
- Extensive DUI Trial Experience: We’ve handled hundreds of DUI and drug-related cases in Omaha and across Nebraska.
- Personalized Representation: You work directly with a skilled Omaha DUI marijuana defense lawyer, not a paralegal, and are updated throughout each step of your case.
- Proven Record of Results: From dismissals to reduced penalties, our firm consistently achieves outstanding outcomes for our clients.
Frequently Asked Questions About Marijuana DUI Charges in Omaha
Can I be charged with DUI in Nebraska if I have a medical marijuana card from another state?
Yes. Nebraska does not recognize out-of-state medical marijuana authorization. Any THC found in your system while driving can lead to DUI charges.
How long does marijuana stay in your system for DUI testing?
THC can remain detectable in urine for up to 30 days, and in blood for several days — long after its effects have worn off. This is one reason DUI marijuana testing is often unreliable.
Can I refuse a urine or blood test?
You can refuse, but under Nebraska’s implied consent law, refusal may result in immediate license suspension and additional penalties. Always speak with an Omaha DUI defense attorney before deciding.
Is marijuana DUI treated the same as alcohol DUI in Omaha?
Yes. The penalties are nearly identical — even though the testing methods and impairment evidence differ significantly.
Can Miltenberger Law get my Omaha marijuana DUI case dismissed?
While no outcome is guaranteed, our firm has successfully challenged numerous DUI drug cases. We know how to identify weak evidence, procedural errors, and unconstitutional stops, often resulting in dismissed or reduced charges.
Call Miltenberger Law Offices — Omaha’s Trusted Marijuana DUI Defense Firm
A marijuana DUI charge in Nebraska can change everything — your freedom, your career, and your future. But it doesn’t have to. With Miltenberger Law Offices on your side, you have experienced attorneys who know how to fight these charges and win.
Let us defend your rights, protect your record, and help you move forward with confidence. Call us right away at (402) 217-2267 or contact us online to get started on your defense.
