People from all walks of life and all socio-economic groups find themselves facing driving under the influence charges or DUI. Frequently, a DUI arrest is the offender’s first brush with the law. As a result, an accused often makes mistakes. While many of these mistakes are certainly understandable, they could destroy a defense or provide the prosecution with additional evidence against you. Ultimately, mistakes made by an accused in a DUI case can lead to a conviction, a harsher sentence, and higher expenses. In Cass County Nebraska and anywhere else, if you ever find yourself in a position where you see the flashing red lights behind your vehicle and you have been drinking, try not to make the following mistakes:
- Admitting they have been drinking. Unless it is blatantly obvious that a motorist is intoxicated, an officer will try and get the motorist to admit to consuming alcohol prior to driving. While lying to a law enforcement officer is not a good idea, volunteering that you have consumed any amount of alcohol is certain to lead to more questioning and likely to a request to perform field sobriety tests. Even if it is the truth, when most officers hear “I had a glass of wine with dinner” they immediately assume you really drank the entire bottle.
- Refusing the breathalyzer without understanding the consequences. Motorists often think that if they refuse a chemical test they cannot be convicted of DUI. In reality, chemical test results are not necessary to convict someone of Cass County Nebraska DUI—though they are helpful to the prosecution when available. Moreover, refusing a breathalyzer will cause your license to be suspended in addiction to facing the same penalties as if you had taken and failed the test. This suspension is in addition to any court ordered suspension should you ultimately be convicted of DUI. Refusing is your right; however, know the consequences before exerting your right.
- Assuming the case cannot be won. Never assume the case is lost. There are numerous ways to fight a Cass County Nebraska DUI from challenging the initial stop to questioning the accuracy of the chemical test results.
- Failing to understand the consequences of a conviction. People often take a laissez-faire attitude to a first offense DUI arrest because it is only a misdemeanor and people rarely get sentenced to a lengthy jail term. However, there are many long-term and frequently serious side effects of a DUI conviction. Job loss, increased insurance rates for several years, and even disciplinary action for anyone holding a professional license are all potential negative consequences of a Cass County Nebraska DUI conviction.
- Not hiring an experienced attorney early on in the case. Much more than you realize is likely at stake when you get arrested for DUI. By retaining the services of an experienced Cass County Nebraska DUI attorney early on you may be able to avoid a conviction or at least minimize the impact a conviction has on your life and your future.
To learn more, please download our free driving under influence in nebraska here.
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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