Lincoln Marijuana DUI Lawyer

Lincoln Marijuana DUI Attorney

Driving under the influence can carry with it severe repercussions. In Nebraska, like many states, prosecutors seek to punish those who are charged with DUI because of their endangerment of others on the road and themselves. Facing charges related to marijuana DUI deserves the help of an experienced and knowledgeable Lincoln marijuana DUI lawyer.

While most DUIs are associated with driving while under the influence of alcohol, there are increasingly more drivers under the influence of marijuana with its decriminalization.

At the Sopinski Law Office, our team works vigorously to defend our clients from criminal charges for marijuana DUI. Our firm puts the needs of our clients first and seeks to protect their rights against wrongful charges or failures in due process. We know that a criminal conviction for marijuana-related DUI charges can cost more than fines and time in jail. Because of that, we build a defense based on the details of your case and do not rely on a one-size-fits-all method.

Driving While High

Under Nebraska law, it is illegal to operate or be in control of a motor vehicle while under the influence of any marijuana product. Much like driving under the influence of alcohol, driving while impaired from THC products causes the driver’s awareness and reaction to be modified in a way that makes it unsafe to operate a vehicle. For some, they may not feel as though they are impaired. However, the state simply needs to show an impairment existed as a result of marijuana influence.

Proving Impairment from Marijuana

Several steps will be taken to prove that you were impaired at the time you were driving. Each step is important to a criminal defense attorney because each can be challenged when fighting the charges against you. Steps to proving impairment include:

• The stopping of the vehicle. An officer must have a valid reason for stopping your vehicle. This means they must have witnessed a traffic infraction in order to justify the stop. Such violations may include speeding, driving too slow, weaving in traffic lanes, or failing to abide by posted road signs. You may also be stopped for equipment failures, such as broken lights or windshields.
• Speaking with the driver. Once stopped, an officer will speak with the driver to form an opinion on their ability to operate the vehicle. They will look for signs of impairment, such as slurred speech, watery eyes, or other physical conditions. Additionally, they will check for any odors of marijuana or look to see if they can identify any evidence of marijuana in plain sight. In some cases, a driver may admit to using it.
• Drug recognition expert. If the officer feels that you may be under the influence, they may ask for additional officers to come to the scene who may have more extensive training in identifying marijuana usage.
• Field sobriety tests. Like alcohol, there are field sobriety tests that the officer can conduct to determine if an impairment exists. The notes taken by the officer during these tests may be used as evidence in any criminal charges.
• Chemical testing. If an arrest is made, the driver may be subjected to a blood test to determine the presence of cannabinoids. Unlike an alcohol-related DUI, there is no breath test available to determine the influence of marijuana on a driver; therefore, the blood test is given as the only option. The results of these tests will determine the extent of THC in the blood.

Each of these steps must be conducted properly and within the rights of the driver. Additionally, an attorney may challenge the results of the field sobriety test, the officer training, or the chemical test if they feel any of these lack procedure or conclusiveness or if they feel the rights of the driver were violated for any reason. In some instances, challenging any of these aspects may allow your attorney to have your charges reduced or dismissed altogether.

Unlike an alcohol-related charge, a DUI for marijuana is more difficult to prove as the substance can remain in the bloodstream for up to a month in some studies. Your attorney will be able to guide you through challenging your charges based on the circumstances of your case.

Penalties for Marijuana-Related DUI

The punishment for a guilty verdict in driving while impaired from marijuana can result in jail time, fines, and a suspension of your license. With each DUI conviction, the penalties increase. Additionally, if there are aggravating circumstances, then the potential penalties could increase as well. Potential penalties include:

• A first or second DUI conviction could mean jail time for 7 to 60 days, a fine of up to $500, and a license suspension for up to 6 months.
• A third DUI conviction will increase the jail time to 90 days, the fine to $1,000, and a suspension of your license for up to 15 years.
• A fifth DUI conviction will face jail time between 2 and 20 years, fines up to $25,000, and a 15-year suspension of your license.

FAQs

Q: What Is the Penalty for Marijuana DUI in Nebraska?

A: The penalties for marijuana-related DUI charges will vary depending on the circumstances of your case and the number of prior DUI convictions you have faced. However, the penalties could range from 7 days to 20 years in jail, fines up to $25,000, and a suspension of your license for up to 15 years.

Q: What Happens If You Get Caught With Marijuana in Nebraska?

A: Most citations for marijuana charges are the result of a person found to be in possession of less than one gram. For a first offense of such a crime, the penalty is a fine of $300. The circumstances in which you were found in possession and the number of prior convictions could result in increased penalties in Lincoln, Nebraska.

Q: What Makes a Marijuana DUI a Felony in Nebraska?

A: If a person is stopped for a moving violation and found to be under the influence of marijuana and convicted, they will be charged with a misdemeanor. However, if the person is in possession of a significant amount of marijuana at the time or they are convicted of DUI for a fourth or more time, the charges against them will be considered a felony.

Q: How Do You Get a DUI Dismissed in Nebraska?

A: In any DUI case, whether alcohol or marijuana-related, there are a set of circumstances that must be proven in order to be convicted of a DUI. Working with your attorney, you can challenge the process by which impairment was determined or the results of any field or chemical testing that occurred. In addition, your attorney may challenge the training of the officers involved.

Lincoln Marijuana DUI Lawyer

If you or a loved one have been stopped by law enforcement and charged with driving while under the influence of marijuana, it is imperative that you seek the help of a knowledgeable and experienced attorney. At the Sopinski Law Office, our team puts our clients first and works to protect their rights from wrongful charges. Contact our office today, and let us start defending you.