It is not against the law in Omaha to consume an alcoholic beverage and then operate a motor vehicle. It is against the law to operate a vehicle with a blood alcohol concentration of over 0.08 percent or if you have drank enough to impair your ability to drive. This does not mean though that you should admit you had that glass of wine or beer to a law enforcement officer if you are pulled over by a police officer.
One of the most frequent questions clients ask is “how should I answer if an officer asks me if I have been drinking?” For many people that loaded question creates a serious dilemma. If you are honest and admit that you had even a sip of alcohol you give the officer enough suspicion to continue the investigation. On the other hand, lying to the police is never a good idea either. So what should you do? One tactic is to avoid answering the question.
Imagine that you have just been pulled over for Omaha DUI and the officer is at your window. She has already asked for your license and registration and then asks is “Have you had anything to drink tonight?” or the other favorite “How much have you had to drink tonight?”, implying that she already knows you have been drinking. The more subtle way to avoid answering is to answer the question with another question such as “Why do you ask officer?” or “Why was I stopped officer?”
Your other option is to be more assertive and simply tell the officer that you are exercising your right to remain silent and will not answer that question. You have a right to not incriminate yourself. Although the officer may take this as an admission of guilt, your silence cannot be used against you in court whereas actually admitting that you have been drinking can, and will, be used against you in court.
If you have been arrested and charged with a DUI in Omaha, consult with an experienced Omaha DUI attorney that can help. For a free case evaluation, contact Petersen Law Office 24 hours a day at 402-513-2180.
To learn more, please download our free Taking Your Omaha DUI Case to Jury Trial 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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