Alcohol and drugs affect a person’s ability to think clearly, yet some people can still drive safely and carefully after a glass of alcohol. Only you could know your actual tolerance. Be that as it may, it is still a crime in Nebraska to operate a motor vehicle under the influence of alcohol or drugs, particularly when the alcohol or drug you consumed appreciably impairs your ability to drive.
If an officer stops you and takes you into custody for driving under the influence (DUI), you could face harsh penalties, jail time and a license suspension. However, just because they arrested you does not mean you are automatically guilty of the DUI charge. You have a right to a fair trial and to prove your innocence.
Defenses to a DUI arrest in Nebraska
In the United States, a person is innocent until someone can prove otherwise. Sometimes, it is a matter of police misconduct and challenging how the officer conducted the arrest and investigation. Here are a few possible defenses to a DUI arrest:
- The traffic stop was illegal: The officer did not have probable cause to stop your vehicle or conduct a DUI investigation.
- The breathalyzer test results are inaccurate: The officer failed to calibrate the device according to procedure or they did not have the proper training to use the device, meaning the results could be inaccurate.
- The field sobriety tests are unreliable: Field sobriety tests are notorious for providing unreliable results because they do not account for road conditions, environmental stressors, medical conditions and poor coordination.
- The officer failed to follow protocol: An officer must read you your rights at the time of the arrest, and they should never violate any of your constitutional rights. Otherwise, the evidence they obtained against you may not have merit.
- The administration or interpretation of the chemical tests are erroneous: The person who administered and interpreted the urine or blood tests could have made mistakes during the process, or they may have used faulty instruments. They may have also mishandled the evidence or failed to store it correctly.
- Your blood alcohol concentration (BAC) increased: The time it takes to absorb alcohol in the body is contingent on several factors, and your BAC may have been under the legal limit while you were actually operating the vehicle. It could have risen at the time of testing.
Every DUI case is different. To build a strong defense, you would need a thorough understanding of the law and recognize how to apply it.