Can I be arrested for a DWI if I’m not drinking?

Yes, you can be arrested for a Driving While Intoxicated (DWI) offense in Nebraska even if you have not been consuming alcohol. Nebraska law requires drivers to stay safe and alert while behind the wheel. DUI/DWI regulations make it illegal to operate a motor vehicle while under the influence of any intoxicant or drug that affects mental, emotional, or physical abilities. A DWI arrest in Nebraska can be based on driving behavior, not just a blood alcohol content (BAC) level. Signs that a police officer may look for to determine a driver is impaired can include weaving across lanes, excessive speed, driving without headlights, or failing to obey traffic signals or stop signs. Such behaviors may be indicative of intoxication even if no alcohol is present. A law enforcement officer in Nebraska also has the authority to arrest an individual for a DWI if the suspect fails a field sobriety test or refuses to take a chemical test for intoxication. The chemical test is designed to determine the presence or absence of alcohol in the driver’s system, but can also detect drugs. The bottom line is that if you are driving in Nebraska while impaired by drugs and/or alcohol, you risk being arrested for DWI. Even if you are not drinking, you can still be arrested if you are under the influence of drugs or a combination of drugs and/or alcohol. It is best to remain sober and alert when driving in Nebraska, and to always obey traffic laws.

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