Being arrested for a suspected DUI in Nebraska is a serious matter. However, this doesn’t always mean that you will be convicted. There is plenty of margin for error on the part of the officer who gives you the test. If you believe that an error was made, you can make it part of your defense against DUI charges.
The officer needs to show reasonable cause
The criminal defense strategy that you adopt against DUI charges can take many forms. One of the most effective arguments you can make is that there was no reasonable cause for you to be stopped in the first place.
An officer that pulls you over has to show cause to believe that you were driving while impaired. For example, they need to produce proof that you were weaving through lanes, driving in the wrong lane, or committing other traffic violations. If they can’t show this cause, then your charges can’t be proven.
Police can make mistakes at DUI checkpoints
You may have been pulled over at a DUI checkpoint. Police officers have very strict rules of conduct that they must observe while manning these checkpoints. They are not allowed to threaten, insult, or show any kind of hostility to drivers.
The most that a police officer at a checkpoint can do is to observe your actions, interview you, and ask you to step out of the car. If they engage in any of these or similarly threatening actions, they are committing misconduct. You have a chance to beat your DUI case if you can prove misconduct occurred.
Mishaps can occur with field sobriety tests
The officer that gives you a field sobriety test needs to be fully trained in this activity. The three standard field tests for sobriety are the Horizontal Gaze Nystagmus, Walk and Turn, and One Leg Stand.
Should the test you are given be administered in a negligent or faulty way, you can cite this error at your DUI hearing. If you were arrested after a faulty test, you may be able to get your charges dismissed.