If you were recently arrested and charged with driving under the influence, or DUI, in the State of Nebraska you likely already realize that there are serious judicial and non-judicial consequences of being convicted of the charges against you. Although you are likely worried about the outcome of your case, remember that being charged with a crime is not the equivalent of being convicted of that crime. Fortunately, there are a number of potential defenses to DUI in Nebraska. Only an experienced Nebraska criminal defense attorney can evaluate the unique set of facts and circumstances surrounding your arrest to determine which, if any, of the defenses might apply in your case; however, educating yourself regarding some of the more common defenses may help you feel less anxious and worried about the outcome in your specific case.
- The initial stop – a law enforcement officer is required to have a valid legal reason for stopping you in the first place. If there was none, the entire stop could be found to be illegal and everything that happened afterward will be inadmissible at trial.
- Breath test accuracy – breath test machines are not perfect even when they are properly maintained and operated. The test results of a machine that was not properly calibrated, however, can be significantly different than a suspects true breath alcohol content at the time of the test.
- Breath test administration – specific procedures must be followed when a suspect is given a breath test, including the timing of the test. If the procedures were not followed, something that occurs far more often than people realize, the test results could be ruled inadmissible and/or inaccurate.
- Rising alcohol defense – if you consumed alcohol just before driving your breath test results could be skewed because of the way alcohol metabolizes in your system. Your BAC at the time you were actually driving may have been significantly lower.
- Officer’s testimony – the average patrol officer stops hundreds of vehicles each month, many of those on suspicion of DUI. The more time that passes the less likely it is that the officer will even remember your stop. That can work in your favor if the officer testifies at your trial.
- Continuing the case – the deputy prosecutor assigned to your case likely has hundreds of open cases at any given time. In addition, police officers resign, get promoted, or transfer to another department. Continuing your case for as long as possible can often result in a situation where the officer is no longer available to testify and/or the prosecutor simply wants the case resolved – both of which work to your advantage.
If you have been charged with driving under the influence in Nebraska contact the Petersen Law Office 24 hours a day at 402-513-2180 to discuss your case with an experienced DUI defense attorney to determine what potential defense options you may have.