Omaha DUI Lawyer
If you or a loved one has been arrested for a DUI in Omaha or Sarpy County, you should consult experienced legal counsel. An DUI lawyer may greatly benefit you by defending a DUI case. Finding the right information is the first step.
Omaha DUI cases are broken down by two categories which determine the penalties one is facing. A non-aggravated DUI is where the breath test result is less than .15. Penalties are greatly increased for breath test results above .15 and are charged as aggravated drunk driving. Here are some possible defenses to an Omaha DUI Case.
Probable Cause for the Stop – Nebraska Police must have a reasonable and articulable reason to believe that you are breaking the law in order to lawfully stop your vehicle. Some common valid reasons to stop a suspected DUI motorist is speeding, swerving across lanes without signaling, failing to stop at traffic signs or signals or driving without headlights. However, many times citizens are stopped illegally and without probable cause. The police have the burden of justifying their stop and we can challenge it in most DUI cases.
Breath Test Procedures and Calibration – There are very strict and specific rules for the proper calibration, maintenance and use of a breath testing device. Testing device models vary but one thing is constant; law enforcement must use the device correctly to get an accurate result. Many cases are dismissed because they were not.
The State has the Burden of Proof – At least for the near foreseeable future, the State has the burden to prove each and every fact that make up the crime of driving while under the influence. That means that if you are charged with an Omaha DUI Case, the prosecutors must provide proof beyond a reasonable doubt of every fact the legislature specifies as the crime of drunk driving. You don’t have to produce a witness, testify or lift a finger.
Many people charged with driving under the influence may not need a private attorney. My primary practice is DUI defense law so I am happy to handle your case. Sometimes however, after we meet and I evaluate the facts and possible defenses, I will advise that there is little benefit to having a private attorney. If I can’t improve your DMV or DUI penalties, I may decline the case and give you solid advice on how to handle the matter yourself. Sometimes, you need lawyer who will fight (and fight hard) for them.
Many people have heard other people’s experiences and searched for information, all turning out to be incorrect. There is no reason to be misinformed. At Petersen Criminal Defense, an Omaha DUI defense lawyer is available to speak with you around the clock. Criminal charges don’t generally occur during banker’s hours so we don’t have them. Call now for a free consultation.