Driving under the influence doesn’t always involve alcohol. In Omaha and elsewhere across Nebraska, you can be charged with DUI even if your blood alcohol concentration is zero — simply because an officer believes you’re impaired by prescription medication, marijuana, or another controlled substance.
But unlike alcohol-related DUIs, drug-based DUI cases rely heavily on subjective observations, unreliable testing, and complex medical evidence. That’s where an experienced Omaha DUI with drugs lawyer makes all the difference.At Miltenberger Law Offices, we know that a DUI drug arrest can feel like your world is collapsing — your license, job, and reputation suddenly at risk. Our skilled and relentless defense team is here to protect your rights, challenge the evidence, and fight to clear your name. If you’re facing DUI with drug charges in the Omaha area, or anywhere else in Nebraska, call us as soon as possible at (402) 217-2267 or reach out online for a free, confidential consultation.
What is a Drug DUI in Omaha?
Under Nebraska Revised Statute § 60-6,196, it’s illegal to operate or be in actual physical control of a motor vehicle “while under the influence of alcoholic liquor or any drug.”
This includes illegal substances, prescription medications, and even over-the-counter drugs that might impair your ability to drive safely. Unlike alcohol DUIs in Omaha, there’s no legal “limit” for drug impairment. Instead, prosecutors rely on:
- Officer observations (bloodshot eyes, speech patterns, coordination)
- Drug Recognition Expert (DRE) evaluations
- Statements or admissions
- Blood or urine toxicology tests
These elements are far from perfect and subjective. They often lead to wrongful arrests and exaggerated charges — precisely why contacting an aggressive Omaha DUI with drugs defense lawyer right away is so crucial. The defense team at Miltenberger Law Offices has over two decades of experience and has successfully handled hundreds of DUI cases just like yours in the Omaha area and across Nebraska.
Testing for a DUI with Drugs Charge in Omaha
In Omaha and throughout Nebraska, drug DUI testing works differently from alcohol testing. Instead of a breathalyzer, law enforcement usually relies on urine or blood samples to detect drugs in your system. If an officer believes you’re under the influence of drugs, they’ll ask you to provide a urine sample using a sterile kit obtained from their department or a nearby hospital. For privacy, the collection must be supervised by an officer of the same gender and done under observation to ensure the sample hasn’t been altered.
After collection, the urine sample is securely sealed and sent to the Nebraska State Patrol Crime Lab for testing. The results are then shared with prosecutors and used as evidence in your case. But testing errors, chain-of-custody mistakes, and false positives happen often. That’s why you need Miltenberger Law Offices — our Omaha DUI lawyers know how to expose flawed procedures and fight questionable lab results before they damage your defense.
What Is Considered a Controlled Substance in Nebraska?
When it comes to DUI with drugs cases in Omaha, understanding what qualifies as a controlled substance is critical, because not all substances are treated equally under the law.
Under Neb. Rev. Stat. § 28-405, a controlled substance is any drug or chemical regulated by the state due to its potential for abuse or dependence. This definition covers everything from illegal narcotics to certain prescription medications that, when misused or even used properly but impairing driving, can lead to a DUI arrest.
Importantly, this does not include everyday substances like tobacco, hemp, or over-the-counter medications that can be legally sold without a prescription.
How Nebraska Classifies Controlled Substances
Nebraska divides controlled substances into five schedules, based on their medical use, potential for abuse, and safety risks. Understanding which “schedule” applies to your situation helps determine how severe your case may be — and how we at Miltenberger Law Offices can strategically defend it.
Schedule I
The most restricted category. These substances are considered to have high potential for abuse and no accepted medical use under U.S. law.
Examples: Heroin, LSD, Peyote, Methaqualone, MDMA, Marijuana (cannabis).
A DUI involving these substances can lead to severe felony charges, even if possession or use occurred hours earlier.
Schedule II
High potential for abuse but with accepted, though restricted, medical use. These drugs are often prescription-based but highly regulated.
Examples: Cocaine, Methamphetamine, Oxycodone, Fentanyl, Hydrocodone, Methadone, Ritalin (Methylphenidate).
Even lawful prescription use can result in DUI charges if the medication impairs your ability to drive, something many drivers in Omaha and across Nebraska don’t realize until it’s too late.
Schedule III
Moderate potential for abuse and accepted medical use.
Examples: Suboxone (Buprenorphine), Tylenol with Codeine, Ketamine, Testosterone.
While less tightly controlled, these substances can still impair alertness or coordination and lead to DUI with drug charges in the Omaha area if found in your system after a traffic stop.
Schedule IV
Lower abuse potential but still capable of causing impairment.
Examples: Xanax (Alprazolam), Klonopin (Clonazepam), Valium (Diazepam), Soma (Carisoprodol), Ativan (Lorazepam).
These are among the most common medications linked to prescription drug DUI arrests in Omaha, especially when combined with alcohol or other depressants.
Schedule V
The least restrictive category, typically involving medications with very small amounts of narcotics.
Examples: Cough syrups containing codeine, or mild anti-diarrheal medications.
Prescription Drugs and DUI Charges in Omaha
You don’t need to be using illegal drugs to face a DUI charge in Nebraska. Even prescription medications, if they affect your coordination, focus, or reaction time, can lead to a criminal case.
Commonly involved substances include:
- Opioids like Oxycodone or Hydrocodone, which may cause drowsiness or slowed reflexes.
- Benzodiazepines such as Xanax, Clonazepam, and Valium, which can induce fatigue, confusion, and delayed response times.
Law enforcement often assumes impairment simply because a substance is present in your system — but the presence of a drug doesn’t automatically mean you were under the influence.
That’s where Miltenberger Law Offices comes in.
DUI Resources in Omaha, NE
- SR-22 Filing Info: Information on filing form SR-22 (financial responsibility) with the state proving continued insurance coverage.
- Reinstate Your Nebraska License: Check requirements and pay fees needed for reinstatement of a revoked or suspended license.
- Nebraska’s Point System: See a breakdown of how points accrue on your driver’s license, including points for DUI offenses.
- Ignition Interlock Devices (IID): Find information on ignition interlock devices approved by the Nebraska DMV.
- Nebraska DUI Court Best Practice Standards: See details about the state’s DUI court, which works to protect public safety and increase the participant’s likelihood of successful rehabilitation.
Penalties for DUI with Drugs in Omaha
The penalties for a drug-based DUI in Omaha are just as serious as an alcohol-related DUI, and sometimes even harsher, especially for repeat offenders or if the arrest involved an accident:
First Offense DUI with Drugs
- Up to 60 days in jail (or probation)
- $500 fine
- 6-month license revocation (with potential ignition interlock permit requirement)
- Mandatory drug and alcohol assessment
Second Offense
- Minimum 30 days in jail (up to 6 months)
- $500 fine
- 18-month license revocation
- Ignition interlock and treatment requirements
Third or Subsequent Offenses
- Felony charges possible
- Up to 5 years in prison
- Fines up to $10,000
- Multi-year or permanent license revocation
How Miltenberger Law Defends DUI with Drugs Cases in Omaha
Drug-related DUI cases are complex, requiring deep knowledge of toxicology, police procedure, and constitutional law. The DUI defense team at Miltenberger Law Offices has experience defending clients in Omaha and across Nebraska against DUI with drugs, DUI marijuana, and prescription drug DUI charges.
Here’s how we build your defense:
1. Challenging the Traffic Stop
We start by asking the key question: Did police have a lawful reason to stop you? If the stop was based on a vague observation like “weaving” or “slow driving,” that may not meet the threshold of probable cause, and any evidence obtained after could be suppressed.
2. Questioning DREs
DRE officers often use 12-step evaluations to “prove” drug impairment, including eye exams, pulse checks, and divided-attention tasks. These methods are not scientifically standardized and are highly subjective. We scrutinize every step for procedural flaws or bias.
3. Attacking Toxicology Results
Drug tests can’t tell when a substance was used, only that trace amounts exist. For instance, THC can show up days or weeks after use. We work with independent forensic toxicologists to challenge the timing, dosage, and reliability of blood or urine tests.
4. Reviewing Prescription Defenses
If you were legally prescribed medication, that matters. Many people charged with drug DUIs were taking medication as directed by a doctor. We highlight this and demonstrate the lack of intent or actual impairment.
5. Exposing Constitutional Violations
If your vehicle was searched without consent, or if police ignored your Miranda rights, we move to have the evidence thrown out.
At every turn, our job is to dismantle the prosecution’s case, piece by piece. Call us today at (402) 217-2267 or contact us online to discuss the specifics of your case with an expert Omaha DUI with drugs defense lawyer at Miltenberger Law Offices.
Common Defenses Against Omaha Drug DUI Charges
Every case is unique, but our goal never changes: Protect your record, your license, and your freedom. Our Omaha DUI defense attorneys have successfully used defenses in Omaha and across Nebraska such as:
- Lack of probable cause for the stop or arrest
- Faulty DRE evaluation
- Contaminated or delayed blood test results
- Presence of non-impairing drug residue
- Medical condition mimicking impairment symptoms
- Unlawful search or seizure
What to Do If You’re Arrested for a Drug-Related DUI in Omaha
If you’re facing a DUI with drugs charge in Omaha, what you do next can make or break your case. The actions you take in the first 24 hours are critical to protecting your rights, your license, and your future. Here are the steps to follow:
Step 1: Stay Calm and Remain Silent
Stay respectful and composed. Provide your driver’s license, registration, and proof of insurance. Nothing more. Do not answer questions about what medications, drugs, or substances you’ve taken. Politely say, “I wish to remain silent and speak to my attorney.”
Step 2: Do Not Consent to Field Sobriety or Eye Tests
These tests are voluntary in Nebraska and are often subjective. Officers may misinterpret your performance or use it as justification for arrest. Politely decline until you’ve spoken with a lawyer.
Step 3: Request an Attorney Immediately
Ask to contact your lawyer as soon as possible. Reach out to Miltenberger Law Offices immediately — our Omaha DUI defense attorneys can communicate directly with police on your behalf, protect your rights during questioning, and begin building your defense immediately.
Step 4: Keep Quiet About Your Case
Do not discuss your arrest with anyone except your attorney. Avoid posting or texting about your situation, as prosecutors can and do use social media or messages as evidence in court.
Step 5: Act Fast to Protect Your Driver’s License
You only have 10 days from the date of arrest to request a DMV hearing to stop your license from being automatically suspended. Our legal team can handle this process and ensure all deadlines are met.
Frequently Asked Questions About DUI with Drugs in Omaha
Can I be charged with a DUI in Omaha if I was using prescription medication?
Yes. Even legal prescription drugs can lead to DUI charges if an officer believes they affected your ability to drive. However, if you were using the medication properly, your attorney can often argue lack of impairment or intent.
What happens if I refuse a drug test in Omaha?
Refusing a urine or blood test violates Nebraska’s implied consent law and leads to automatic license revocation for at least one year. It may also be used as evidence of guilt. It’s usually better to comply and allow your attorney to challenge the results later.
Is marijuana DUI the same as alcohol DUI in Nebraska?
Yes, Nebraska law treats both equally. There’s no THC “limit,” so officers rely on DRE opinions and blood tests, both of which are highly disputable. We’ve successfully fought many marijuana DUI cases based on unreliable testing.
Will a DUI with drugs conviction stay on my record?
Yes. It can affect employment, housing, and professional licensing. However, some cases may qualify for expungement or record sealing after a waiting period. We can help you explore those options once your case is resolved.
Can I go to jail for a first-time drug DUI in Omaha?
It’s possible, but not guaranteed. Many first-time offenders are eligible for probation or diversion programs. Our firm often negotiates alternatives to jail that focus on treatment and rehabilitation, not punishment.
Speak With an Omaha DUI with Drugs Lawyer Today. Call Miltenberger Law Offices
Protect your freedom. Protect your future. Choose Miltenberger Law Offices — Omaha’s trusted name in DUI defense. If you’ve been charged with DUI involving drugs, prescription, illegal, or otherwise, contact Miltenberger Law Offices right now. We’ll review your case, explain your rights, and start building your defense immediately.
Call us now at (402) 217-2267 or reach out online for a free case evaluation.
