In order to pull you over while you are driving, Nebraska law requires a law enforcement office to have specific articulable reason that amounts to suspicion of illegal activity. In other words, an officer cannot randomly target you or pull you over and begin questioning you about drinking and driving. In addition, if the officer allegedly pulls you over for a minor traffic violation, such as a broken taillight, the officer cannot then hold you for an unreasonable amount of time, long past the time it should take to complete the reason for the original stop, in the hope that the officer will see signs that you have been drinking and driving.
When a questionable stop was made that ultimately led to an arrest and charges for driving under the influence, or DUI, your attorney may file a motion to suppress. Basically, a motion to suppress alleges that the stop was illegal and that any evidence obtained as a result of the stop should be excluded from trial should the case proceed to trial. The court will then schedule a hearing on the motion. At the hearing, your attorney will question the officer regarding the reason for the stop. If the officer cannot provide a legal reason why you were pulled over, the court should grant the motion to suppress. If that occurs, all evidence obtained during the stop becomes inadmissible, including results of a breath test or other chemical test. In a DUI prosecution, once the stop is declared illegal the State of Nebraska typically has no choice but to drop the charges since there is no evidence left with which to convict you at trial.
If you are facing DUI charges in Omaha, or have specific questions about the stop made in your case, consult with an experienced Omaha DUI attorney as soon as possible. For a free case evaluation, contact Petersen Law Office 24 hours a day at 402-513-2180.