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Challenging a drunk driving charge in Nebraska

On Behalf of | Aug 27, 2018 | Firm News |

For anyone charged for driving under the influence in Nebraska, the ramifications can include harsh penalties with potentially life-changing consequences. The state takes a hardline stance against impaired driving, meaning many charged with these offenses see no feasible way to fight the charges they face.

Skilled criminal defense attorneys and legal advocates know the steps to challenging a DUI/DWI charge in Nebraska to ensure accurate, fair disposal of the case. Losing a driver’s license, facing jail time and paying hefty fines are all possible consequences of a first DUI/DWI offense. Because of the severity of these punishments, it may be in your best interest to work with an attorney to challenge various aspects of the case.

Challenging the traffic stop

The first step in a DUI/DWI charge was the traffic stop, so that’s also the first part of a case for defendants to challenge in court. Law enforcement need probable cause or reasonable suspicion to conduct a traffic stop for potential impaired driving.

Without justifying the need for a traffic stop, a case can quickly unravel. A defense attorney can make the argument that any evidence obtained during or after the stop is invalid along with the invalidated traffic stop itself.

Challenging a field sobriety test

Field sobriety tests are not objective tests of a person’s impairment. Law enforcement officers conduct tests based on pre-determined standards which don’t always account for all situations. Take for example a person with a physical or psychological disability. Field Sobriety tests mainly examine balance and focus which are affected by any number of disabilities or injuries.

A driver may have failed a sobriety test based solely on outside circumstances entirely unrelated to impairment. A defendant can provide evidence as to why they failed a test due to other circumstances as a means of invalidating the field sobriety test results.

Challenging a breathalyzer result

Drivers have little recourse immediately when it comes to breathalyzers and other chemical tests in a Nebraska DUI/DWI stop. State law makes refusing these tests a crime, making Nebraska one of only a handful of states with such staunch legislation against refusal.

One way to challenge these tests is to question the maintenance and calibration of the tools used to measure blood alcohol levels. Improper calibration and maintenance may indicate a false reading for a driver’s level of intoxication.

Fighting a DUI/DWI case can pose a challenge to drivers in Nebraska, particularly without the assistance of skilled criminal defense attorneys. Consider seeking counsel for your impaired driving case to ensure any evidence used against you meets the standard necessary for such penalties issued under state law.