A Guide to Protecting Your Rights and Minimizing Consequences
Can you get out of a DUI charge? It depends. Being arrested for a DUI in Nebraska can be daunting, but what you do immediately after can significantly impact the outcome of your case. Avoiding common mistakes can help you protect your rights and lessen the consequences.
At Petersen Criminal Defense Law, our experienced Nebraska DUI attorneys have assisted over 6,000 clients with DUI charges since 1995. To help you take control of your situation, we’ve compiled a list of the six biggest mistakes to avoid after a DUI arrest.
Talking Excessively to the Police
One of the most critical mistakes is saying too much to the police. Like all states, Nebraska respects your right to remain silent under the Fifth Amendment. You are not obligated to answer questions beyond basic identification after a DUI arrest. While you should cooperate with the officer regarding the arrest itself, politely decline to answer questions about your alcohol consumption or the events leading up to the stop until you have consulted with an attorney. Anything you say can be used against you in court.
Trying to Handle the Case Yourself
Nebraska DUI laws are intricate, with penalties varying based on the offense’s seriousness and your blood alcohol content (BAC) level. Handling your case alone can lead to disastrous results. An experienced DUI attorney can identify potential mistakes in the arrest procedure, negotiate with prosecutors, and build a strong defense strategy to minimize the consequences. Petersen Criminal Defense Law has seasoned attorneys with a proven track record of success in DUI cases.
Not Requesting an Administrative License Revocation Hearing
After a DUI arrest in Nebraska, your driver’s license can be administratively revoked. You have the right to request an Administrative License Revocation (ALR) hearing to contest this suspension, but you must act quickly. This request must be made within 10 days of your arrest. Failing to do so means automatic suspension of your driving privileges.
Pleading Guilty Without Exploring All Options
The pressure to plead guilty quickly can be immense, especially with the promise of a reduced sentence. However, a DUI conviction can have long-lasting consequences, impacting your employment, driving privileges, and insurance rates. Our attorneys will examine your case and explore all possible defense strategies, including challenging the stop, the field sobriety tests, or the breathalyzer results.
Failing to Collect Evidence
The moments following a DUI arrest are crucial. If possible, note the time, location, weather conditions, and any interactions with the arresting officer. Were there any inconsistencies in the officer’s behavior or the sobriety tests administered? Did weather conditions impact your performance? Documenting these details can be invaluable for your attorney in building a strong defense.
Not Taking the Matter Seriously
A DUI arrest is a serious matter. Do not underestimate the situation or delay seeking legal advice. The sooner you reach out to an attorney, the quicker they can construct a strong defense. Stay on top of your court dates, and make every effort to attend all hearings. Missing a court date can result in additional charges or even a warrant for your arrest. If an emergency arises, contact your attorney immediately to discuss your options.
Nebraska’s DUI Law
Nebraska Revised Statute Section 60-6,196 prohibits driving or operating a motor vehicle while under the influence of drugs or alcohol. The state has a zero-tolerance policy for drivers under 21 with a blood alcohol content (BAC) of .02 % or higher. For individuals 21 and older, the legal limit is .08%.
Let Petersen Criminal Defense Law Fight for You
A DUI arrest can be frightening, but you don’t have to face it alone. We have over 25 years of experience protecting the rights of Nebraskans facing DUI charges. From DUI police mistakes to refusing a breathalyzer, we know Nebraska DUI law and are devoted to securing the best possible result for your case. You can rely on us to safeguard your rights and lessen the consequences of your arrest.
Contact us now for a free consultation to strategize your defense.
FAQs
Can a DUI Charge Be Dismissed?
Yes, a DUI charge can be dismissed if your attorney finds flaws in the arrest procedure, the administration of chemical tests, or the prosecution’s case.
After a DUI, What Happens?
After a DUI arrest, you will appear in court for various hearings until your case is resolved. Your attorney will guide you through your arraignment, pretrial conference, and the discovery process. If any pretrial motions need to be filed, they will file the motions and argue them in court.
Your lawyer will discuss your options and negotiate with the prosecutor for a good plea deal if you’d like to avoid trial. But if your case cannot be resolved through dismissal or a plea, your lawyer will take your case to trial, where a jury will adjudicate you guilty or not guilty. If you are found not guilty, you are free to go. If a jury finds you guilty, the judge will sentence you accordingly.
How to Avoid a DUI Conviction?
To avoid a DUI conviction, never drive under the influence. If arrested, securing competent legal representation is crucial. An attorney can navigate the legalities, identify potential weaknesses in the case, and fight for the best possible outcome.
Petersen
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