Top Five Myths and Misconceptions about DUI Cases

If you were recently arrested for driving under the influence, or DUI, in Nebraska you are undoubtedly worried about the outcome of your case. For many people, an arrest for DUI is the first, and only, time they ever spend the night in jail or face criminal charges. If you fall into that category you may be relying on things you have heard from other people, or on other equally unreliable sources, for information about how a DUI case is prosecuted and what to expect with regard to the outcome of your case. Of course, an experienced Nebraska DUI attorney is always the best source for accurate information regarding your case; however, it may also help to consider the following “Top five myths and misconceptions about DUI cases”:

1. If you blew over 0.08 you have no defense so you might as well accept a plea agreement. Simply not true. Even if you submitted to the breath test and the results were 0.08 percent of higher, you may still have a defense. In fact, there are several common defenses that could apply, such as the “Rising Alcohol Defense” that is based on the fact that the way alcohol metabolizes in your system may cause your test results to be higher than your BAC actually was at the time you were operating your vehicle.
2. If you refused the chemical test the prosecutor cannot convict you. Also not true. In Nebraska, along with being illegal to operate a vehicle with a BAC of 0.08 percent or higher it is also illegal to operate a vehicle “while under the influence of alcoholic liquor or of any drug.”
3. All DUI plea agreements are the same. A plea agreement is negotiated between the prosecutor and defense attorney. The prosecutor, of course, would like you to believe that you have no negotiating power; however, all terms of the plea agreement are ultimately negotiable.
4. There is nothing you can do about a DUI related license revocation. Most people are unaware that they can contest the Administrative License Revocation that usually follows an arrest for DUI. In addition, you could be eligible to have your driving privileges reinstated if you agree to install an Ignition Interlock Device, or IID, if your privileges were revoked because of a DUI conviction. The court, however, may not tell you this.
5. A DUI isn’t a serious charge so you don’t really need a lawyer. True, a first time DUI is usually a misdemeanor offense and may not result in a sentence that calls for jail time; however, some of the non-judicial penalties that follow a DUI conviction can be devastating, such as disciplinary action for a professional license, loss of employment, or even interference with child custody or visitation.

If you have been charged with driving under the influence in Nebraska don’t rely on myths and misconceptions. Instead, contact the Petersen Law Office 24 hours a day at 402-513-2180 to discuss your case with an experienced DUI defense attorney.

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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