Illegal Stop in Omaha: When Can the Police Stop Me and Ask for a Breath Test?

Whether you have been drinking or not, seeing the flashing lights behind you while you are out driving can be a nerve racking experience. If you have had something to drink, it can be downright terrifying. The public is often led to believe that a police officer can pull you over and require you to take a breath test without a good reason. This is simply not true. If an officer pulls you over in Omaha and requires you to perform a chemical test the officer must have a valid reason for doing so. In the absence of a valid reason for the stop the stop could be declared an illegal stop in Omaha and any evidence against you obtained from the stop could be inadmissible at trial.

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.

Thomas M. Petersen

Attorney Petersen was invited to join the National Advocacy for DUI Defense (NAFDD) organization in 2013. NAFDD vets thousands of lawyers and only chooses those who have achieved stellar results in DUI defense cases. Attorney Petersen was named one of the Top 50 defense attorneys in Nebraska out of more than 5,000.

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