Nebraska's Drugged Driving Law

Learn about the laws and penalties for driving under the influence of drugs (DUID) in Nebraska.

Nebraska’s drugged driving law is located at Revised Statutes of Nebraska Section 60-6, 196. It states, " It shall be unlawful for any person to operate or be in the actual physical control of any motor vehicle … while under the influence … of any drug."

In other words, in Nebraska it’s a crime to drive while under the influence of a drug. No blood testing standard is established in Nebraska – that is, there is no fixed amount of drugs within the blood system that determines conviction. Whether a driver is impaired is determined on a case-by-case basis and at the discretion of the prosecutor.

What drugs are prohibited?

Nebraska’s drugged driving law is directed at the prohibition of "any drug." (A listing of controlled substances regulated by federal law are found at the Drug Enforcement Administration website.) It’s not an acceptable defense to a drugged driving charge to claim that the driver is legally entitled to use the drug.

What happens if a driver is convicted of drug impaired driving in Nebraska?

A driver arrested for drugged driving in Nebraska will be charged with driving under the influence and subject to DUI penalties. A conviction for drugged driving will be considered as a prior offense for purposes of calculating punishment regardless of whether a subsequent offense is due to alcohol or drugs. Read more about Nebraska’s DUI laws.

Do Nebraska drivers have to submit to drug testing?

Yes, there is an implied consent rule for blood testing. The refusal to take the test can be admitted into evidence against the driver.

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