Being charged with Driving Under the Influence (DUI) can impact every area of an individual’s life, from relationships to their job, threatening their finances, their driving privileges, and even their freedom. A person can often feel alone against the world when facing the full force of the government in a criminal investigation and charges in court. After all, a DUI conviction can result in serious fines and the possibility of time spent locked up. And there’s the stigma of a criminal record that can interfere with finding a job or even renting an apartment.

Even if individuals have made mistakes or gotten involved in some bad situations on the road, they still deserve fair treatment and a reasonable result that can give them the best chance to recover from the experience and continue with life. There are a lot of things that can go wrong in a criminal investigation and prosecution for DUI. Experienced attorneys will look at all the details of an individual’s situation to find flaws or errors in the police’s actions and the prosecution’s case.

Omaha DUI Lawyer

At Liberty Law Group, our experienced DUI attorneys are dedicated to protecting the rights and liberties of our clients. We understand that DUI defense law is complex and requires a vast knowledge of the scientific aspects that prosecutors rely on to get convictions. Our attorneys fight back and utilize every possible avenue to provide a full defense for every case we take on.

Our firm proudly serves the communities of Omaha, Lincoln, Papillion, Council Bluffs, and surrounding areas of Eastern Nebraska and Western Iowa. Including the Nebraska counties of Douglas, Lancaster, Sarpy, Dodge, Washington, Saunders, and Cass as well as the Iowa counties of Pattawattamie, Harrison, and Mills.

If you or a loved one has been arrested for drunk driving, driving under the influence (DUI) or operating while intoxicated (OWI), contact our office immediately at (402) 865-0501 to request a free and confidential consultation to discuss the specific facts of your case with one of our attorneys.

Our attorneys and staff are standing by and ready to help you by getting our team started on your defense.

DUI Defense Information Center

• Definition of Driving Under the Influence (DUI)
• Steps To Being Charged With DUI
• Role of Drug Recognition Experts (DREs)
• Police Questioning and Miranda Warnings
• Bond Eligibility in Nebraska DUI Cases
• Penalties for DUI Offenses in Nebraska
• Aggravating DUI Offenses
• Juvenile DUI and Underage DUI Offenders
• Administrative License Revocation for DUI in Nebraska
• Other Consequences of a Conviction
• Nebraska’s Pretrial Diversion and DUI Court Programs
• Understanding Defenses Against DUI Charges in Nebraska
• How a Nebraska DUI Attorney Can Help
• Additional DUI Law Resources

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Definition of Driving Under the Influence (DUI)

Under Nebraska Revised Statute §60-6,196, it is illegal for anyone to drive or have control over a motor vehicle in the following situations:

1. Driving While Under the Influence: This happens when a person is driving and is influenced by alcohol or any drug. Being under the influence means that the alcohol or drugs have affected the person’s ability to drive safely.
2. Blood Alcohol Concentration Limits: It’s illegal to drive if a person’s blood alcohol level is 0.08% or higher. This is measured as eight-hundredths of one gram of alcohol per one hundred milliliters of blood.
3. Breath Alcohol Concentration Limits: Similarly, it’s also unlawful to drive if a person’s breath alcohol level is 0.08% or more. This is equivalent to eight-hundredths of one gram of alcohol for each 210 liters of breath.

Since a DUI charge can be based on an officer’s observation of the person’s behavior or their performance on sobriety tests, a person can be charged with DUI based on alcohol use even if their BAC is less than 0.08%.

There is a difference between “operating” a vehicle and having “actual physical control” of it. Actual physical control means a person could easily start driving the vehicle, even if they aren’t currently driving. For example, someone found asleep in a parked car but in a position to start driving could be considered to have physical control.

In the context of DUI laws, a ‘drug’ is any substance that impairs a person’s ability to drive safely. This includes not just illegal substances, but also prescription and over-the-counter medications.

Steps To Being Charged With DUI

In Nebraska, when a police officer thinks a driver may be under the influence of alcohol or drugs, they follow a specific procedure. Typically, a police officer develops a reasonable suspicion to stop the individual. Reasonable suspicion must be based on specific facts, such as erratic driving or visible signs of impairment. After detecting signs of intoxication, the officer tries to determine whether the individual is driving under the influence.

Traffic Stop

Most police encounters that end in a DUI arrest start with a traffic stop. The police cannot simply pull anyone over any time for no reason. They must have reasonable suspicion that an individual has broken the law. This can typically stem from minor incidents like swerving or traffic violations like running a red light or having a broken taillight. With the help of a criminal defense attorney, a defendant in a DUI case might be able to show that the police officer did not have the necessary reasonable suspicion to conduct the traffic stop in the first place. Under those circumstances, the traffic stop would be thrown out and the case dismissed.

Field Sobriety Tests

If an officer suspects someone of driving under the influence, they will conduct Field Sobriety Tests. These tests check the driver’s physical and mental abilities to see if they’re impaired by alcohol or drugs. There are three main tests: the Horizontal Gaze Nystagmus (HGN), Walk-and-Turn (WAT), and One-Leg Stand (OLS).

Horizontal Gaze Nystagmus (HGN) Test

In this test, an officer will ask the individual to follow an object, usually a pen or a small flashlight, with their eyes as it is moved horizontally across their field of vision. The officer is looking for nystagmus, which is an involuntary jerking of the eye. This jerking becomes more pronounced and can occur at lesser angles when a person is impaired by alcohol. If the eye cannot follow the object smoothly, or if the jerking is distinct when the eye is at maximum deviation, it may indicate impairment.

Walk-and-Turn (WAT) Test

The Walk-and-Turn (WAT) test is designed to assess a person’s attention skills. The individual is asked to take nine steps, heel-to-toe, along a straight line, turn on one foot, and return in the same manner. The officer observes the person’s ability to follow instructions and maintain balance while walking. Signs of impairment that officers look for include inability to maintain balance while listening to instructions, starting before instructions are finished, stopping while walking to regain balance, not touching heel-to-toe, stepping off the line, using arms to balance, making an improper turn, or taking the incorrect number of steps.

One-Leg Stand (OLS) Test

With the One-Leg Stand (OLS) test, the individual is asked to stand with one foot approximately six inches off the ground and count aloud by thousands (One thousand-one, one thousand-two, etc.) until told to put their foot down. Officers look for indications of impairment. This includes swaying during balancing, hopping to maintain balance, using arms to keep balances, and putting the foot down. These actions can indicate a lack of physical control, which might be due to impairment by alcohol or other substances.

Chemical Tests

At this stage, the officer might also use a Preliminary Breath Test (PBT) to estimate the driver’s BAC. If someone refuses this test, they will be arrested and charged with a Class V misdemeanor under Nebraska Revised Statute §60-6,197.04.

If the officer decides the driver is under the influence, they will arrest them for DUI. According to Nebraska Revised Statute §60-6,197, the individual is then required to submit to more detailed chemical testing, like blood, breath, or urine tests. Typically, Nebraska law enforcement uses a DataMaster DMT for the Evidentiary Breath Test (EBT). If the EBT shows enough evidence for a DUI arrest, no further testing is needed.

If the individual’s BAC is 0.08 or higher, they will be charged with DUI. Even if a breath test shows a BAC lower than 0.08, a person can still face DUI charges. This happens if the officer believes the person is too impaired by alcohol to drive safely. Also, if the officer thinks the person is under the influence of drugs (not alcohol), they can still be charged with DUI under the same law.

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Role of Drug Recognition Experts (DREs)

In Nebraska, Drug Recognition Experts (DREs) are law enforcement officers who are trained to identify drug-impaired driving. They complete a specialized program and are skilled in evaluating individuals for drug impairment, distinguishing between intoxication from drugs, illness, or injury, and identifying the type of drugs involved.

If a breath test shows a BAC below 0.08, or if the person refuses the test, and the officer believes drugs are involved, they will call a DRE. The DRE first does a preliminary check to see if a full evaluation is needed. If the signs of intoxication don’t match the BAC, the DRE will do a full evaluation. If a DRE isn’t available, the arresting officer must explain in their report why they think the person is impaired by drugs, including any physical evidence or admissions of drug use.

In Nebraska, urine tests are the sole tests used to detect drugs (legal or illegal) in DUI cases. If an officer suspects drug use, they will have the person take a urine test.

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Police Questioning and Miranda Warnings

After an arrest, the officer is required to give the individual a Miranda warning before asking any questions. The individual’s responses, or their choice to not respond, are recorded in detail. This record is vital for the prosecution and to validate the arrest. Any comments made by the person, even if not in response to a question, are also recorded.

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Bond Eligibility in Nebraska DUI Cases

In Nebraska, people arrested for misdemeanor DUI are eligible for bond right after being booked. This bond is a financial promise to appear in court, and being eligible for it right away allows individuals to potentially leave custody quickly, pending their trial or other legal processes.

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Penalties for DUI Offenses in Nebraska

In Nebraska, driving under the influence (DUI) penalties depend on certain factors related to the DUI offense. These factors include how much alcohol was in the driver’s system, if they have previous DUI convictions, and whether their impaired driving caused injury or death. The more severe the situation, such as higher alcohol levels or past offenses, the harsher the penalties will be.

First DUI Offense

Penalty For BAC of 0.08 to 0.149

• Crime Classification: Class W Misdemeanor
• Jail Time: Up to 60 days (no minimum term)
• Maximum Fine: $500
• License Revocation Period: 2-6 Months

Penalty For BAC of 0.15 or More

• Crime Classification: Class W Misdemeanor
• Jail Time: 7- 60 days (minimum 2 days or 120 hours of community service))
• Maximum Fine: $500
• License Revocation Period: Up to 1 Year
• Ignition Interlock Device Waiting Period: 45 Days

Second DUI Offense

According to Nebraska Revised Statute §60-6,197.02, when someone in Nebraska is caught driving under the influence of alcohol or drugs for the second time within 15 years, it is considered a second offense DUI. Law enforcement will check the person’s driving record for any previous DUI convictions. If there was a DUI conviction in the past 15 years, the new DUI case is treated as a second offense. This applies even if the first conviction happened in a different place.

Penalty For BAC of 0.08 to 0.149

• Crime Classification: Class W Misdemeanor
• Jail Time: Up to 6 months (minimum 10 days or 240 hours of community service)
• Maximum Fine: $500
• License Revocation Period: 18 months
• Ignition Interlock Device Waiting Period: 45 Days
• Alcohol Monitoring Device: Required

Penalty For BAC of 0.15 or More

• Crime Classification: Class I Misdemeanor
• Jail Time: Up to 1 year (minimum 30 days)
• Maximum Fine: $1,000
• License Revocation Period: 18 months to 15 years
• Ignition Interlock Device Waiting Period: 45 Days
• Alcohol Monitoring Device: Required

Third DUI Offense

Penalty For BAC of 0.08 to 0.149

• Crime Classification: Class W Misdemeanor
• Jail Time: Up to 1 year (minimum 30 days)
• Maximum Fine: $1,000
• License Revocation Period: 2-15 years
• Immobilization of Vehicle: 5 days to 8 months
• Ignition Interlock Device Waiting Period: 45 Days
• Alcohol Monitoring Device: Required

Penalty For BAC of 0.15 or More

• Crime Classification: Class IIIA Felony
• Jail Time: Up to 3 years (minimum 60 days)
• Fine: $1,000 – $10,000
• License Revocation Period: 5-15 years
• Immobilization of Vehicle: 5 days to 8 months
• Ignition Interlock Device Waiting Period: 45 Days
• Alcohol Monitoring Device: Required

First Offense: Refusal Of DUI Chemical Test

• Crime Classification: Class W Misdemeanor
• Jail Time: 7- 60 days (minimum 2 days or 120 hours of community service))
• Maximum Fine: $500
• License Revocation Period: Up to 1 Year
• Ignition Interlock Device Waiting Period: 45 Days

Second Offense: Refusal Of DUI Chemical Test

• Crime Classification: Class I Misdemeanor
• Jail Time: Up to 1 year (minimum 30 days)
• Maximum Fine: $1,000
• License Revocation Period: 18 months to 15 years
• Ignition Interlock Device Waiting Period: 45 Days
• Alcohol Monitoring Device: Required

Third Offense: Refusal Of DUI Chemical Test

• Crime Classification: Class IIIA Felony
• Jail Time: Up to 3 years (minimum 60 days)
• Fine: $1,000 – $10,000
• License Revocation Period: 5-15 years
• Immobilization of Vehicle: 5 days to 8 months
• Ignition Interlock Device Waiting Period: 45 Days
• Alcohol Monitoring Device: Required

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Aggravating DUI Offenses

The following offenses are considered aggravated forms of DUIs. It’s important to note that Nebraska law treats each of these crimes committed during a DUI incident as separate offenses, which means that a defendant could face multiple charges relating to one DUI incident.

• DUI with Serious Bodily Injury – According to Nebraska Revised Statute §60-6,198, causing a serious injury to a person or an unborn child while driving under the influence is a Class IIIA felony. Serious bodily injury means an injury that could lead to death, permanent serious disfigurement, or long-lasting impairment or loss of function of any body part or organ. The offense is punishable by a maximum of three years of imprisonment, 18 months post-release supervision, and a $10,000 fine. Along with criminal penalties, the court will also order that the individual not drive any vehicle for any purpose for sixty days to fifteen years, and order that the person’s driver’s license be revoked for the same length of time as the driving ban.
• DUI Resulting in Death – According to Nebraska Revised Statute §28-306, motor vehicle homicide happens when a person, without intention, causes someone’s death while driving in a way that breaks Nebraska’s state laws or local rules. Generally, this crime is considered a Class I misdemeanor. However, if someone dies because of an impaired driver, the driver faces Class IIA felony charges. If convicted, the court must order the individual not to drive for 1-15 years. Also, the offense is construed as a Class II felony if the driver accused of motor vehicle homicide has a prior DUI conviction. If convicted, the individual would be ordered not to drive for the full 15 years.
• DUI Causing Death of an Unborn Child – Under Nebraska Revised Statute §28-394, an individual is guilty of motor vehicle homicide of an unborn child if they accidentally cause the death of an unborn child while driving. This is applicable when the driver breaks any of Nebraska’s state laws or local rules about driving. Normally, if someone commits motor vehicle homicide of an unborn child, Nebraska law considers it a Class I misdemeanor. However, if the death results from driving under the influence, it’s a Class IIIA felony. Nebraska law imposes more severe penalties for those with previous convictions. If someone with a past DUI conviction causes the death of an unborn child in a similar manner, the crime is upgraded to a Class IIA felony. In these particular Class IIA and Class IIIA felony cases, the individual’s driver’s license is revoked for 60 days to 15 years.
• DUI Involving Minor in the Vehicle | Child Passenger – According to Nebraska Revised Statute §28-1254, it is against the law for someone to drive or be in control of a vehicle if they are under the influence of alcohol or drugs and have a passenger who is under sixteen years old. Breaking this law is considered a Class I misdemeanor punishable by up to one year in jail, a fine of up to $1,000, or both.

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Juvenile DUI and Underage DUI Offenders

Nebraska law sets a very low blood alcohol concentration (BAC) limit for drivers under 21 years old. While the standard BAC limit for DUI in Nebraska is 0.08, for underage drivers, the limit is just 0.02, according to Nebraska Revised Statute §60-6,211.01. So, the offense of driving under the influence includes being under 21, operating or controlling a motor vehicle, and having a BAC of at least 0.02.

In Nebraska, if an individual is arrested under suspicion of DUI, they may be directed by a police officer to undergo a chemical test. If a chemical test shows that the person’s BAC is between 0.02 and 0.08, or if the individual refuses chemical testing, then they will be cited for a traffic infraction, which is neither a misdemeanor nor a felony. A BAC of 0.02 can result in the impoundment of the individual’s driver’s license for 30 days. In cases where an individual refuses to undergo the chemical test, they will not be forced to take it. However, refusing the test also leads to a charge of traffic infraction. The penalty for refusal is harsher than failing the test: the court will impound the person’s driver’s license for 90 days. Under Nebraska law, once the period of impoundment is over, the court is responsible for returning the driver’s license to the person who owns it.

Underage drivers in Nebraska can also be charged under the standard DUI laws. If an underage driver’s BAC is 0.08 or higher, they can be prosecuted under section 60-6,196, which applies to all drivers regardless of age. This means that underage drivers face the same penalties as adult drivers for higher levels of alcohol impairment.

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Administrative License Revocation for DUI in Nebraska

In Nebraska, individuals not only face criminal penalties for DUI but also administrative license revocation (ALR). This happens if they refuse to take a chemical test or fail the test by having a blood alcohol concentration of 0.08 or more.

According to Nebraska Revised Statute §60-498.01, if a driver fails or refuses a chemical test, officers must tell them verbally that their license is being revoked immediately. They also give the driver a written Notice of Revocation and a temporary permit. Officers take away the driver’s license and send it with the necessary reports to the DMV. The temporary license is officially revoked 15 days after the arrest or the mailing of the Notice of Revocation.

Officers also provide the driver with details on how to ask for an ALR Hearing or an Ignition Interlock Permit. The driver must make this request within 10 days of their arrest.

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Other Consequences of a Conviction

In Nebraska, a DUI conviction remains on a person’s driving record for 15 years, impacting sentencing for any future DUI violations. This period is calculated from the date of the prior offense to the date of the current offense. Long-term, a DUI can also mean higher insurance costs, trouble finding or commuting to certain jobs, and a negative impact on an individual’s personal life.

Probation in Nebraska For DUI

Probation in Nebraska is an alternative to imprisonment that a court can choose when sentencing someone convicted of a DUI. This option allows the individual to stay in the community under specific conditions set by the court. The court decides if someone is eligible for probation, looking at things like how serious the DUI was, the person’s past DUIs, and any other serious factors. According to Nebraska Revised Statute §29-2262, the court has the authority to impose various conditions on an individual’s probation, such as regulator reporting to the court or a probation officer and staying within the court’s jurisdiction. In Nebraska, it is common for the following conditions to be imposed on those convicted of DUI:

Ignition Interlock Devices

According to Nebraska Revised Statute §60-498.01, a person convicted of DUI in Nebraska can ask for a permit to drive vehicles with an ignition interlock device. This device must be installed in any vehicle they drive and is necessary for the rest of the time their license is revoked. The device stops the vehicle from starting if it detects alcohol on the driver’s breath.

Ignition interlock service facilities are required to report any tampering with the devices. Operating a vehicle without an IID or tampering with the device can result in penalties, including revocation of the IID permit.

The Department of Motor Vehicles reviews each application to verify eligibility and check for past convictions or license revocations. The Office of Probation Administration handles the installation, maintenance, and removal of the devices as per the court order.

Monitoring Alcohol and Drug Use

People convicted of DUI (especially second or subsequent offenses) are usually required to stay away from alcohol and drugs. According to Nebraska Revised Statute §60-6,197.01, the individual’s compliance might be checked through random testing or using continuous alcohol monitoring devices. These devices keep track of the person’s alcohol use and send the information to probation officers or the court.

Rehabilitative Programs for DUI Offenders

A common part of DUI probation is taking part in alcohol education, assessment, and treatment programs, as required under Nebraska Revised Statute §60-6,197.08. These programs help address issues related to alcohol misuse and teach about the dangers and consequences of driving while impaired.

Community Service Requirement

Under Nebraska Revised Statute §60-6,197.03, the court may also require DUI offenders to do a certain number of hours of community service. This part of probation is meant to help individuals understand their responsibility and contribute positively to the community.

The length of probation for DUI varies depending on the specifics of the offense and the individual’s criminal history. Breaking any probation rules can lead to serious problems, like having to serve the original jail time, longer probation, more fines, or tougher probation terms. In extreme cases, probation can be canceled, leading to immediate jail time.

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Nebraska’s Pretrial Diversion and DUI Court Programs

Pretrial diversion programs offer alternatives to traditional court proceedings. However, Nebraska law excludes individuals charged with DUI, meaning they cannot access pretrial diversion options that are available for other kinds of offenses.

Adult Drug Court is designed to address the challenges faced by non-violent felony offenders with substance abuse issues. This court aims to divert eligible individuals from traditional incarceration to a structured, judicially supervised program focusing on substance abuse treatment, case management, and the promotion of educational and employment goals. Participants engage in a highly structured program that may span 18 to 24 months, including substance abuse and mental health services, frequent court hearings, random drug testing, and participation in support groups. The court employs a range of professionals, including a coordinator, treatment coordinator, case managers, and others to effectively run the program. The participants who complete Adult Court generally benefit from having their charges dismissed.

The DUI Court in Nebraska is intended for individuals facing third or fourth DUI charges. To determine if someone is eligible for this court, a detailed assessment is conducted. This assessment considers the severity of the individual’s substance abuse problems and their risk of reoffending. A history of violent crimes may disqualify a person from this program.

Those participating in Nebraska’s DUI Court need to enroll and participate in substance abuse treatment, which typically involves counseling, group therapy, and in some cases, detoxification. An essential element of the program is the maintenance of sobriety, monitored through regular drug and alcohol tests. Individuals have to attend DUI Court sessions consistently. Additionally, they are usually under probation supervision, requiring frequent check-ins and compliance with various probation conditions mentioned above. The program also includes an educational aspect, focusing on the risks associated with impaired driving and strategies to maintain sobriety.

Completing the DUI Court program in Nebraska offers several advantages. Legally, individuals may see a reduction in the severity of their DUI-related charges, which could include lower fines or a shortened probation period. However, these legal benefits are conditioned on the individual’s compliance with all requirements, such as maintaining sobriety and attending treatment and educational sessions.

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Understanding Defenses Against DUI Charges in Nebraska

• Illegal Traffic Stop – A defense might be based on the legality of the initial traffic stop or encounter with law enforcement. If the stop was not conducted legally, any evidence gathered as a result, including the results of any alcohol tests, should be inadmissible in court. Reasonable suspicion must be based on specific, articulable facts, such as erratic driving or visible signs of impairment. It could be argued that the law enforcement officer did not have reasonable suspicion to make the traffic stop or probable cause to suspect the driver of operating the vehicle with alcohol in their body.
• No Operation or Physical Control of the Vehicle – A major aspect of Nebraska’s DUI law is the requirement that the individual must have been operating or in actual physical control of the vehicle. Therefore, a defense could be the lack of operation or control of the vehicle. This defense could be effective even to the extent that it is obvious that the individual is intoxicated.
• Inaccurate Or Improperly Administered Preliminary Breath Test – If procedures were not strictly followed by the officer administering the PBT, the accuracy and validity of the test results could be questioned. Law enforcement in Nebraska typically use a procedure from Nebraska Department of Health and Human Services that sets forth the specific steps that must be followed when conducting a PBT. If the PBT was not administered according to protocol, the defense could argue that the results are unreliable.Also, officers are required to use these devices as prescribed by the manufacturer, including complying with proper calibration and maintenance procedures. If there is evidence suggesting that the device was not used correctly or was not properly calibrated at the time of the test, the defense may argue that the PBT results are inaccurate and not a reliable indicator of the person’s level of intoxication. Additionally, if the officer was not certified to administer the PBT and did so anyway, this could be a significant point of contention.
• Improper Field Sobriety Tests – Field Sobriety Tests can be influenced by various factors such as the individual’s physical condition and footwear, medical issues, or even the environment in which the tests were conducted (e.g., uneven ground). In Nebraska, officers are advised not to conduct these tests if the circumstances of the incident do not permit their safe and accurate administration. If the tests were not administered and evaluated in a standard manner, their reliability as indicators of impairment can be contested. Demonstrating that the tests were improperly conducted can undermine the probable cause for the DUI arrest. This can also involve questioning the officer’s training and judgment relating to these tests.
• Inaccurate Or Improperly Administered Evidentiary Breath Test – A defense to a DUI charge can be based on the inaccuracy of the DataMaster test, which is typically used by Nebraska law enforcement for the Evidentiary Breath Test. Given that the DataMaster must be regularly tested and certified, a defense strategy could involve questioning the maintenance and calibration records of the instrument used. Additionally, the qualification of the operator administering the test can be a point of contention. Since the test must be conducted by a certified officer, any evidence that the officer lacked the necessary certification or training at the time of the test can be used to challenge the reliability and admissibility of the test results.The procedure for handling and documenting the test results, particularly the necessity of records for court proceedings, provides another potential defense. If there are discrepancies in how the test results were documented or if only copies of the test records are presented in court, this could be grounds for challenging the validity of the evidence.
• Wrong Evaluation by Drug Recognition Experts – Defending a DUI charge may also involve scrutinizing the role and evaluation conducted by the Drug Recognition Expert (DRE). Since the DRE’s assessment is used to determine drug-induced impairment, questioning their conclusions can be a viable defense. This could involve examining the DRE’s training, the methods used during the evaluation, and the accuracy of their determination regarding the influence of drugs. If the DRE’s evaluation can be shown to be flawed or biased, it may weaken the prosecution’s case.When a DRE is not available and the arresting officer proceeds with an arrest based on their judgment, a defense can be formed around questioning the officer’s expertise in recognizing drug impairment. Since DREs undergo specialized training, an officer without this training might not be as knowledgeable at correctly identifying drug-related impairment. This defense would involve challenging the basis on which the officer determined the individual to be impaired by drugs other than alcohol.
• Improper Urine Testing – One of the defenses in a DUI charge in Nebraska, particularly when urine testing is involved, is challenging the admissibility of the urine test results for alcohol detection. As Nebraska prohibits the use of urine tests for detecting alcohol, any evidence obtained through urine testing to prove alcohol consumption can be argued as inadmissible. This defense can significantly weaken the prosecution’s case if they rely on urine test results to establish alcohol impairment.Another defense revolves around the reliability of the urine specimen collection, especially in cases where the collection process deviated from the standard procedure. Also, challenging the handling and storage of the urine specimen forms a critical defense. If the defense can demonstrate that the urine specimen was not marked properly, not refrigerated promptly, or there were lapses in maintaining the chain of custody, it can question the sample’s accuracy and reliability.
• Chain of Custody Errors With Blood Samples – In cases involving DUI blood testing in Nebraska, one potential defense revolves around chain of custody errors. The meticulous process of documenting and handling blood samples provides numerous opportunities for mistakes. If the defense can demonstrate that there were lapses or inconsistencies in how the blood samples were documented, labeled, or handled – for instance, if the medical professional’s full name and details were not properly recorded, or if the blood samples were not correctly shaken as required – it could lead to questions about the reliability of the evidence. Such discrepancies might suggest contamination or misidentification, weakening the prosecution’s case.
• Improper Procedure in Blood Extraction Or Testing Equipment – Another defense strategy relating to blood tests may focus on the procedure of blood extraction itself. The law mandates that the officer must witness the time and manner in which blood was extracted and that specific protocols are followed during the process. Any deviation from these prescribed procedures, such as an incorrect method of blood extraction or failure to properly label and sign the containers, can be grounds for challenging the validity of the test results.Another defense concerns blood test equipment and the procedures used. Medical staff are supposed to check for certain things, like a gray powder in the test tube, and must handle the tube in a specific way, like shaking it to prevent clotting. If they don’t do these things correctly, or if the equipment used is faulty or contaminated, the results of the blood test can be questioned. The defense may argue that if the blood test results are unreliable, then there isn’t enough evidence to support the charges.
• Defense Based on Inconsistency Between BAC and Observed Impairment – A defense in DUI cases in Nebraska focuses on the inconsistency between the BAC results and the observed level of impairment. If an individual’s observed impairment symptoms are not consistent with their BAC levels, it can be argued that the arresting officer’s suspicion of intoxication was unfounded or incorrect. This defense can be particularly compelling if the BAC was determined through methods like an Evidentiary Breath Test or a Preliminary Breath Test, and the results show a BAC below the legal limit.
• Medical and Health-Related Defense Considerations – Certain medical conditions or health-related issues, like diabetes or GERD, that could affect BAC readings or mimic signs of intoxication, are relevant in constructing a defense. Demonstrating that an individual had a medical condition or dietary habit that could have skewed the test results may provide a basis for challenging the DUI charge.
• Involuntary Intoxication – Involuntary intoxication can be a defense if the defendant can prove they consumed alcohol without their knowledge or against their will. This situation might occur if someone unknowingly ingests a spiked drink. However, proving involuntary intoxication can be challenging and requires substantial evidence.
• Inaccuracy in Officer Reports – The accuracy of police records is crucial in DUI cases, and any discrepancy or omission could be leveraged in the defense strategy. If there are inaccuracies or inconsistencies in the officer’s reports, this could be used as a defense. The defense could argue that these discrepancies call into question the reliability of the evidence presented by the police.Another defense might center around the improper documentation of a person’s refusal to answer questions. If the officer does not accurately document the individual’s refusal to respond to the standard interview questions, this could be grounds for contesting the legality of the arrest process.
• Violation Of Legal Rights – A defense could also be built around the violation of Miranda rights. If the defendant was not read their Miranda rights before post-arrest questioning, any statements made might be inadmissible in court. This can affect the prosecution’s ability to prove the DUI charge.Another defense could arise from the procedures followed post-arrest. If there is evidence that the officer failed to properly advise the individual of their rights and the implications of the chemical test, this could be grounds for challenging the admissibility of the test results and any subsequent evidence gathered as a result of the advisement.Similarly, a defense in a DUI case in Nebraska could arise from the handling of the individual’s right to consult an attorney before undergoing chemical testing. Namely, Nebraska law allows individuals charged with DUI the opportunity to contact their attorney regarding the implications of implied consent. If this right is infringed upon, for instance, if the individual was not allowed to use a telephone or was not given a reasonable amount of time to contact their attorney, or if they were pressured to make a decision before the lapse of this period, it could form the basis of a defense. The individual might argue that this denial affected their decision-making process regarding the chemical test and could challenge the admissibility of the test results or the validity of the arrest process.Finally, a defense in Nebraska DUI cases involves challenging the process based on the individual’s right to an independent medical evaluation. If a person’s right to have their chosen physician evaluate their condition and conduct additional tests is not upheld, it can be argued that the person’s legal rights were violated.
• Emergency or Necessity – This defense is based on the premise that the defendant was compelled to act under circumstances that would justify the otherwise unlawful conduct. For example, if the defendant was driving under the influence in response to an urgent and compelling situation, this defense might be applicable. It’s important to note, however, that this defense is typically difficult to prove and is dependent on the specific circumstances of the case.

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How a Nebraska DUI Attorney Can Help

Providing Legal Guidance and Representation

A DUI attorney in Nebraska plays a major role in guiding clients through the legal process. They offer advice on the legal implications of a DUI charge, explain the court processes, and represent the individual in all legal proceedings. Representation from a lawyer is important for ensuring the client’s rights are protected throughout the process.

Evaluating and Challenging Evidence

Lawyers specializing in DUI cases closely evaluate all evidence presented by the prosecution, including police reports, test results, and witness statements. They try to identify and challenge any inaccuracies or inconsistencies in the evidence, which can lead to a reduction in charges or even dismissal of the case.

Negotiating Plea Bargains and Sentencing

In cases where the evidence is strong, a DUI attorney may negotiate plea bargains with the prosecution. This can result in reduced charges or lesser sentencing. Their knowledge of Nebraska’s DUI laws and the prosecutors enables them to negotiate effectively on behalf of their clients.

Assisting with License Revocation Issues

DUI charges often involve the revocation of driving privileges. A DUI attorney helps clients manage the administrative processes related to license suspension, including representing them in DMV hearings and advising on steps to regain driving privileges, such as installing an ignition interlock device.

Exploring Alternative Sentencing Options

Nebraska DUI attorneys explore alternative sentencing options for their clients, such as probation, which could include community service and enrollment in alcohol education and treatment programs. These alternatives can sometimes replace or reduce jail time.

Providing Personalized Defense Strategies

Every DUI case is unique, and experienced attorneys tailor their defense strategies to the specifics of each case. They consider the individual circumstances of their clients, including prior offenses, the severity of the current charge, and personal factors that might influence the case’s outcome.

Offering Emotional Support and Practical Advice

Apart from legal representation, DUI attorneys often provide emotional support and practical advice to clients facing the stress and uncertainty of DUI charges. They help clients understand the potential impacts of a DUI conviction on their personal and professional lives and guide them through making informed decisions about their case.

Ensuring Constitutional Rights are Upheld

A fundamental role of a DUI attorney is to ensure that their client’s constitutional rights are upheld throughout the legal process. This includes ensuring lawful police conduct during the arrest, proper administration of tests, and compliance with due process in court proceedings. Any violation of these rights can be grounds for challenging the DUI charge.

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Additional DUI Law Resources

Nebraska Revised Statutes – Learn about the laws that make it illegal to operate or be in actual physical control of any motor vehicle under the influence of alcohol or drugs. The law covers blood alcohol concentration (BAC) limits and sets the legal standard for DUI offenses in Nebraska. Individuals can learn more about the consequences for violating Nebraska’s implied consent law, which requires drivers to submit to chemical tests (blood, breath, or urine) if suspected of DUI.

Nebraska Department of Motor Vehicles – The DMV offers important information for DUI cases, particularly the process for obtaining an Ignition Interlock Permit (IIP) as an alternative to license revocation. The DMV also provides guidance on license suspensions and reinstatements due to DUIs, addressing issues like traffic violations and insurance requirements.

Facts on Impaired Driving and Underage Drinking – This source includes summaries of laws by state and details of each state’s laws on diverse issues related to impaired driving. Includes topics like sobriety checkpoints, cannabis and driving laws, alcohol per se laws, DUI look back periods, test refusal, and more.

Nebraska Alcohol-Related Crash Data – This site contains data on over a dozen categories of alcohol related crash information including Administrative License Revocation (ALR) Statistics, DUI Arrests vs. Convictions (2011-2020), History of Alcohol Related Traffic Crashes (1975-2020), and more. Also includes two categories of Nebraska Drug Related Crash Data.

Financial Cost of a DUI – This website provides cost estimates for dealing with DUI charges based on national data. It explains that, despite the physical and financial risks of impaired driving, millions of people drive drunk, and on average, someone who is stopped for their first DUI probably drove drunk many times already.

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Hiring a DUI Defense Attorney in Nebraska | Liberty Law Group

At Liberty Law Group, our firm takes a scientific and scholarly approach to defending DUI cases. We have successfully handled cases from misdmeanor first DUI offenses to felony DUI cases invloving aggravating factors. Our attorneys and staff are available to immediately start working to defend someone recenlty charged with a DUI.

If you or a loved one has been arrested or charged with a drunk driving offense, contact our office immediately at (402) 865-0501 to request a free and confidential consultation with our legal team to discuss your case. Our firm proudly serves the communities of Omaha in Douglas County, Lincoln in Lancaster County, Papillion in Sarpy County and Council Bluffs in Pattawattamie County, Iowa.

We also serve the surrounding areas of Dodge County, Saunders County, Washington County, Cass County and throughout Eastern Nebraska and Western Iowa.

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