Omaha DUI lawyer, will vigorously defend you against all charges
If you have been arrested and charged with DUI, you need to take immediate action to protect your rights. Your first order of business should be to contact an experienced Omaha DUI lawyer.
You will be prosecuted
A DUI is not “just like a traffic ticket.” It is a serious criminal matter, for which you will be prosecuted. There are two types of drunk driving prosecutions in Nebraska: per se drunk driving and driving while impaired. Under the per se law, you are guilty of drunk driving if your blood-alcohol concentration (BAC) is .08% or higher. (For minors, under the age of 21, the per se limit is .02% or higher.) No additional evidence of impairment is necessary to convict you. In the impaired driving type of case, the state will present evidence that you appeared to be driving under the influence of alcohol (or drugs). This will include evidence of your driving patterns, physical appearance, poor performance on field sobriety tests, and the arresting officer’s assessment of your physical and mental condition. The prosecutor does not have to establish your BAC level to convict you in this type of case.
A DUI carries serious penalties. Even for a first offense, you are facing possible jail time, fines, and the loss of your driving privileges. Your driver’s license will be confiscated upon your arrest. You have just 10 days from the date of your arrest to request a hearing with the DMV to appeal the suspension of your driving rights. Failure to request a hearing will result in the automatic suspension of your license for a minimum of 90 days. The penalties are more severe for a second or subsequent offense, and if your blood-alcohol concentration (BAC) is .15% or higher.
An experienced Omaha DUI lawyer will pursue all available defenses
You may be tempted to represent yourself and plead guilty to the DUI charges, either because you think hiring an Omaha DUI lawyer will be a waste of time and money or because you just want to put the whole matter behind you. Don’t make this mistake. Though it may seem like the odds are stacked against you, DUI cases can be successfully defended, even if you have failed a breath or blood test. For example, depending on the facts of your case, some or all of the following issues may provide the grounds for a viable defense:
- Did the officer have a legally valid reason to pull you over?
- Was there probable cause (i.e., legally sufficient cause) to arrest you?
- Can the prosecutor prove you were driving or in physical control of a vehicle?
- Did the arresting office correctly administer the field sobriety tests?
- Is there a plausible explanation, other than the consumption of alcohol, for your poor performance on the field sobriety tests?
- Is there a plausible explanation, other than the consumption of alcohol, for your appearance and/or behavior?
- Were the established procedures followed in obtaining a blood or breath BAC level?
- Was the equipment used to obtain a breath sample properly maintained and operated?
Contact Omaha DUI lawyer
If you are facing a Nebraska drunk driving charge, having an experienced Omaha DUI lawyer on your side can mean lower fines, a faster return of your driver’s license, and less jail time, if any.
If you would like us to review the facts of your case, please use the Free Case Evaluation form on this page to contact us.