Driving Under the Influence (DUI) charges in Nebraska can have serious consequences, including fines, license suspension, and even jail time. However, not all DUI charges are straightforward, and there are several defense strategies that can be used to challenge the evidence and the legality of the arrest. If you've been arrested for DUI in Nebraska, it's important to understand your rights and the potential defenses that could be available to you.

Understanding DUI in Nebraska

In Nebraska, DUI laws are governed by both the state statutes and the rules of the Nebraska Department of Motor Vehicles (DMV). A person can be charged with DUI if they are found to be operating a motor vehicle while impaired by alcohol, drugs, or a combination of both. Common observations by law enforcement that may indicate intoxication include:

A smell of alcohol coming from the car
Slurred speech
Glassy eyes
Drowsiness

The simplest way to show impairment is through a breathalyzer test or other scientific evidence. Under Nebraska law, all drivers in Nebraska implicitly consent to be tested for intoxication at a law enforcement officer’s request through a preliminary breath test. Any person who refuses to submit to such breath test will be placed under arrest, and their license will be revoked. It’s important to note that the refusal to submit to a breath test is a separate charge - a Class V misdemeanor, which holds a maximum penalty of a $100 fine. Even if you are found not to be under the influence, the refusal charge does not disappear.

The breath test will reveal one’s blood alcohol concentration (BAC) limit. The legal blood alcohol concentration limit is not always the same for everyone.

Over 21: The legal blood alcohol concentration (BAC) limit is 0.08% for drivers over the age of 21.
Under 21: For drivers under 21, Nebraska enforces a "zero tolerance" law, which means a BAC of 0.02% or higher can lead to DUI charges.
Commercial Drivers: For drivers of commercial vehicles, the BAC limit is lower at 0.04%.

Omaha treats DUI charges slightly different than other areas of the state in that you are charged under the city ordinance instead of the Nebraska statute. The ordinance and statute are relatively the same, but it’s important to contact a DUI attorney to fully understand your rights and possible penalties.

Defending your Drive: Proven Strategies to Challenge a DUI

If you’re facing a DUI charge in Nebraska, there are several potential defenses that could be used to challenge the prosecution’s case. Here are some of the most common DUI defense strategies:

Unlawful Traffic Stop

One of the most fundamental rights of any driver is protection against unlawful searches and seizures under the Fourth Amendment. A police officer must have a reasonable suspicion or probable cause to stop a vehicle. If the officer did not have a valid reason for pulling you over, any evidence gathered during the stop (including sobriety tests and breathalyzer results) could be inadmissible in court.

Common issues with traffic stops that could be used in defense include:

The officer did not observe a traffic violation (e.g., speeding, running a red light).
The officer lacked reasonable suspicion that you were impaired (e.g., weaving or erratic driving behavior).
Racial profiling or other forms of discriminatory behavior.

Improper Administration of Field Sobriety Tests

Field sobriety tests (FSTs) are often used by officers to assess a driver’s level of impairment. However, these tests are subjective, and factors unrelated to alcohol or drugs—such as nervousness, physical injuries, or the weather—can influence the results.

There are about 8 different tests that a law enforcement officer may use, but only the following three have been certified:

The One-Leg Stand Test
The Walk-and-Turn Test
The Horizontal Gaze Nystagmus (HGN) Test

It’s important to know that you have the right to refuse field sobriety tests, and you cannot be charged for the refusal. Our defense attorneys can argue that the officer administered the tests improperly or that your physical condition (e.g., an inner ear issue, back pain, or anxiety) contributed to your poor performance.

Breathalyzer or Blood Test Errors

Breathalyzer tests are a common tool used to measure BAC, but they are not infallible. Mistakes can happen with the process of taking, storing, and analyzing breath, blood, or urine samples. Blood samples can be contaminated, or breathalyzer tests can yield inaccurate results due to the officer's failure to follow proper procedures.

In some cases, test results can be contested on the grounds of mishandling, improper timing, or incorrect analysis. If the prosecution cannot prove that the evidence was collected or analyzed properly, they may not have a case.

Our attorneys can investigate how the test was conducted and challenge the accuracy of the results if there were any issues.

Rising BAC Defense

A "rising BAC" defense may be available if you consumed alcohol shortly before driving. In some cases, your BAC may be below the legal limit at the time you were pulled over but have risen above the legal limit by the time your test results were taken. This can occur because alcohol takes time to enter the bloodstream. In general, it takes about 30-45 minutes for a person’s BAC to rise and to start exhibiting signs of impairment. Many factors contribute to a person’s BAC. For example, age, body weight, medical conditions, and if you have eaten are just a few.

If your attorney can demonstrate that your BAC was not over the legal limit when you were operating the vehicle but was at or above the limit only after you were stopped, the charge could be challenged. This is common when there is a significant time between the traffic stop and when the test was administered.

Why You Need an Experienced DUI Defense Lawyer

A DUI conviction in Nebraska can carry severe consequences, but you don't have to face the charges alone. We are always here for you. Whether you’re fighting an unlawful stop, contesting breathalyzer results, or arguing that your BAC was rising, there are a variety of defenses that can be used to challenge the charges against you. With the help of our experienced DUI defense attorneys, you can fight back against a DUI charge and protect your rights, driving privileges, and future.

If you have been arrested for DUI in Nebraska, consult with one of our DUI defense lawyers who understands the local laws and has experience handling DUI cases as (402) 548-5418. The right attorney can make all the difference in the outcome of your case. Here for you in Omaha and Lincoln!