A conviction for driving under the influence, or DUI, in Omaha often comes with serious judicial and non-judicial consequences. If you are currently facing DUI charges in Nebraska you may not realize that there are several defenses that could be available to you and that could prevent a conviction. Only an experienced Omaha DUI defense attorney can evaluate the specific facts and circumstances of your arrest to determine what defenses, if any, are available to you; however, the following are some commonly used defenses to a Nebraska DUI charge.
- Illegal stop – a law enforcement officer must have a valid reason for pulling you over in the first place. Bad driving isn’t reason enough. People weave and drive poorly for a number of reasons. Challenging the reason for the stop is one common defense.
- Improper procedures used – a police officer must use proper procedures from the time you are pulled over until the time you are booked into the jail. Sometimes, failing to use the proper procedure results in a defense to a DUI charge.
- Challenging FSTs – the results of the field sobriety tests are often used a reason to arrest you, yet officers routinely conduct them incorrectly and read the results wrong.
- Challenging the chemical test – despite what the public has been led to believe, the Breathalyzer machine is far from perfect. In fact, it can be as much as 50 percent off in its reading. If the machine was not recently calibrated or the officer did not have the proper training, the odds of the reading being inaccurate increases.
- Mouth alcohol – mouth alcohol, or the presence of alcohol from a source other than alcoholic beverages, can significantly raise your BAC and can be a defense to your DUI charges.
- Rising BAC – if you consumed alcohol just prior to operating a vehicle your BAC level could still be rising, causing you to test higher than what you should and providing an excellent defense to your DUI charges.
If you are facing DUI charges in the Omaha area, consult with an experienced Omaha DUI defense attorney as soon as possible. For a free case evaluation, contact Petersen Law Office 24 hours a day at 402-513-2180.
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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