Last verified: May 2026
The Statutory Framework — § 60-6,196
Neb. Rev. Stat. § 60-6,196 makes it unlawful to operate a motor vehicle "while under the influence of alcoholic liquor or of any drug" or with a BAC of 0.08% or higher. Nebraska has no per se THC blood limit: there is no nanogram threshold like Colorado’s 5 ng/mL or Washington’s 5 ng/mL. Prosecution proceeds on an impairment theory only.
State v. Daly, 278 Neb. 903 (2009)
The Nebraska Supreme Court’s interpretation in State v. Daly:
"the phrase \'under the influence of alcoholic liquor or of any drug\' requires the ingestion of alcohol or drugs in an amount sufficient to impair to any appreciable degree the driver\'s ability to operate a motor vehicle in a prudent and cautious manner."
The Court has also held that a DUI conviction "may be sustained by either a law enforcement officer’s observations of a defendant’s intoxicated behavior or the defendant’s poor performance on field sobriety tests."
Drug Recognition Experts (DREs)
The Nebraska State Patrol employs Drug Recognition Experts trained in the standardized 12-step DRE protocol developed by the International Association of Chiefs of Police, including:
- Vital signs (pulse, blood pressure).
- Eye examinations: Horizontal Gaze Nystagmus, Vertical Gaze Nystagmus, Lack of Convergence.
- Divided-attention tests.
- Dark-room examinations of pupil response.
- Muscle tone assessment.
- Ingestion-site / injection-site evaluation.
DRE testimony has been admitted in Nebraska courts to identify drug-induced impairment when no per-se test is dispositive. Defense bar regularly challenges DRE methodology, the predictive validity of the 12-step protocol, and the chain-of-custody for blood/urine evidence.
| Offense | Class | Penalty |
|---|---|---|
| 1st DUI (within 15 years) | Class W misdemeanor | 7-60 days jail (often suspended), $500 min, 6-mo license revocation |
| 2nd DUI (within 15 years) | Class W misdemeanor | 30-180 days, $500, 1-year revocation |
| 3rd DUI (within 15 years) | Class IIIA felony | 90 days min jail, up to 3 years, $10,000, 15-year revocation |
| 4th+ DUI (within 15 years) | Class IIA felony | Mandatory minimums, potential lifetime revocation |
| Aggravated DUI (BAC ≥0.15%) | Enhanced | Alcohol-only enhancement (no THC analog) |
| Implied consent refusal — § 60-6,197 | Separate offense | 1-year automatic revocation, admissible at trial |
Source: Neb. Rev. Stat. § 60-6,196 and § 60-6,197. Nebraska has NO per se THC blood limit — cannabis DUI is impairment-based under State v. Daly, 278 Neb. 903 (2009): impairment "to any appreciable degree." Drug Recognition Experts (DREs) trained in the 12-step IACP protocol provide testimony in lieu of per-se evidence. Out-of-state medical or recreational status is NOT a defense in Nebraska DUI prosecution.
Implied Consent — § 60-6,197
Anyone operating a vehicle on Nebraska roads is deemed to have consented to chemical testing of blood, breath, or urine when arrested for DUI. Refusal triggers an automatic 1-year license revocation separate from any DUI conviction. Refusal is admissible at trial as evidence of consciousness of guilt. The implied-consent revocation is administrative and runs even if the underlying DUI is later dismissed or reduced.
The Cross-Border THC-Metabolite Issue
A driver returning from Colorado or Missouri who consumed cannabis there several hours earlier — and is no longer subjectively impaired but tests positive for THC metabolites — is theoretically still vulnerable in Nebraska, because no per-se limit exists and THC can remain detectable in blood for days after use.
In practice, prosecutors must prove "appreciable" impairment at the time of operation; defense attorneys argue (often successfully) that a positive THC test alone is insufficient. However, the same stop will typically generate a separate possession charge if any cannabis is in the vehicle: an ounce of legal-in-Colorado flower becomes an infraction in Nebraska; an ounce of vape cartridges becomes a Class IV felony.
Out-of-State Medical Status Not a Defense
A Colorado, Missouri, Oklahoma, or other state medical-cannabis recommendation is not a defense in Nebraska DUI prosecution. Nebraska’s impairment-only framework does not recognize out-of-state medical cards. The April 2026 federal Schedule III rescheduling does not modify state DUI standards.
I-437 Patient Status
Initiative 437 patient status does not provide a DUI defense. The 5-ounce possession allowance protects only against the underlying possession charge, not against driving under the influence of cannabis. A patient driving with detectable cannabis impairment remains exposed to DUI prosecution.
Practical Driver Notes
- Do not drive after consuming cannabis. Impairment-only standard means any officer-observed impairment can support prosecution.
- Field sobriety tests are not calibrated for cannabis — the standardized FST protocol was developed for alcohol. Cannabis does not produce horizontal gaze nystagmus.
- You can legally refuse a roadside breathalyzer or PBT in Nebraska (preliminary tests do not trigger ALR), but refusal of formal post-arrest blood/breath testing under § 60-6,197 produces automatic 1-year revocation.
- DRE evaluations are admissible — defense bar litigates methodology and qualifications.
- Get counsel immediately — first-DUI plea decisions affect 15-year look-back window.
For in-depth cannabis education, dosing guides, safety information, and research summaries, visit our partner site TryCannabis.org
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