Drunk Driving Defense Laws in Nebraska

Every Nebraska drunk driving arrest occurs under different circumstances. An individual might be found unconscious in his or her vehicle on the side of the road with an open container of alcohol. Regardless of the circumstances of the DUI charges, those who are accused of this crime may be able to benefit from the services of a criminal defense attorney. Everyone accused of a crime has the right to legal representation during the litigation of their cases, and such representation can be exceedingly helpful.

There are some common defense strategies that a Nebraska defense attorney might try to employ on behalf of a person accused of DUI. During the initial review of a drunk driving case, a defense attorney will usually look at the facts surrounding the arrest to determine if one of these defenses could apply to his or her client’s situation.

One common defense involves the assertion that police did not have a valid reason for stopping the driver. If there was no valid reason for making the stop, then any subsequent charge of driving under the influence could be invalidated. Another defense involves the accuracy and/or validity of evidence that the prosecution is using to convict the accused. For example, blood tests, breathalyzer tests and field sobriety tests are not without their faults and sometimes it can be shown that the test was inaccurate, and/or the test results cannot be trusted. When blood alcohol concentration test results and other evidence are removed from the prosecution’s arsenal, it could result in the charges being dropped or dismissed, or a verdict of not guilty.

DUI Laws in Nebraska

In Nebraska, a driver can be arrested on charges of DUI if his or her blood alcohol content (BAC) tests at 0.08 percent or higher. Police will use a variety of tests to determine a driver’s blood alcohol content -- mainly a field-administered breathalyzer test. It is within the right of a driver to refuse to submit to blood alcohol testing; however, this would be grounds for an immediate arrest. Nebraska is also a zero tolerance state in terms of underage drinking. Those who are not legally old enough to drink could be arrested for DUI if they test with a BAC of as little as 0.02 percent. The severity of potential penalties associated with a DUI conviction in Nebraska are elevated if a person is underage. They are also more severe when a person is accused of having a BAC of 0.15 or higher.

DUI Punishments in Nebraska

A Nebraska driver could be subjected to vehicle immobilization or vehicle confiscation if he or she is convicted of DUI. The court may also punish the driver with an ignition interlock device that requires the driver to breathe into a blood alcohol testing device before the ignition of the car will operate. Other penalties associated with DUI include a 90-day driving suspension following arrest, and a six-month suspension following a first-time conviction. After a second-time conviction, the license suspension could be as much as year, and after a third-time conviction the license suspension could be as much as 15 years.

Because of the intense social, career and criminal consequences of a DUI conviction, those accused of this crime may want to put their best feet forward during their criminal proceedings. By contracting a qualified and experienced DUI defense attorney, accused individuals will be able to do just that.

The information on this page is meant to provide a general overview of the law. The laws in your state and/or city may deviate significantly from those described here. If you have specific questions related to your situation you should speak with a local attorney.

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