Main Menu McGoughLawP.C., L.L.O.
Contact Our Firm:
After Hours/Emergency:
  • Nebraska’s Go-To Sex Crimes Defense Firm
  • Nebraska’s Go-To Drug Crimes Defense Firm
  • Nebraska’s Go-To Criminal Defense Firm

Questions arise in DUI blood draws

Nebraska residents know that an arrest for suspected driving under the influence can lead to serious penalties for people who are ultimately convicted of these types of charges. However, it is also important to be aware of some of the changes to the laws regarding the investigation process for drunk driving.

In the past, law enforcement officers could charge drivers who were believed to possibly be intoxicated with additional crimes if they did not voluntarily provide blood samples. Last year, however, the United States Supreme Court stopped all of that with a ruling that said warrants were required before blood samples could be obtained. The lack of a warrant was determined to be unconstitutional and a violation of the person's rights.

While this legal change is relatively clear for any case that begins after the Supreme Court ruling, how it may impact those that were already in process is still unclear. One Nebraska man, for example, was arrested and charged with drunk driving in 2015. He did not agree to have his blood drawn until the officer mentioned he could be criminally charged for not doing so. The evidence obtained from the blood draw was used against him in his prosecution. Literally the day after he was convicted, the Supreme Court ruling was issued raising a new question about the validity of the conviction.

Defendants in tricky situations like this may find talking to an attorney helpful in understanding their options for a defense or appeal of a criminal case. 

Source: Lincoln Journal Star, "Nebraska Supreme Court decision on blood draw in DUI arrest could impact other cases," Lori Pilger, September 2, 2017

No Comments

Leave a comment
Comment Information
  • BBB Accredited Business
  • 10 Best 2016 Client Satisfaction American Institute Of Criminal Law Attorneys

Back To Top

Success Stories

  • Defendant was charged with sexual assault of a minor. At the deposition of the alleged victim, our firm got the alleged victim to confess that she made the whole thing up. Charges were dropped against our client.
  • Defendant was charged with possessing a large quantity of marijuana. Following a complete investigation by our firm, the State agreed to dismiss all charges against our client.
  • Defendant was charged with embezzling more than $300,000.00, from a previous employer. At the deposition of the alleged victim, our firm highlighted a number of inconsistencies and questionable statements. The State agreed to dismiss all charges against our client.
  • Defendant was charged with child abuse resulting in death. Following the investigation of our firm, depositions of key witnesses and presentation of our findings to the prosecutor, the State agreed to dismiss the charges against our client.
  • Defendant was charged with carrying a concealed weapon. The matter proceeded to trial and the jury found our client Not Guilty.

What Our Clients Say About Us

  • “Jim, Thank you for all of your help over the past couple weeks. I cannot emphasize enough how much better I have felt after receiving your help. Keeping my record clean as possible means a lot to me and I couldn’t have done it without you, thank you!” -TP
  • “Jim, It's always a pleasure to see you in court. Your effective, professional representation of your clients is so helpful.” -LW
  • “Jim, On behalf of the V family, please allow me to offer a HUGE thank you for your exemplary legal representation - especially considering you took on this case a mere 5 months ago. ” -CV
  • “Thank you so much Jim for everything you have been doing on my case, you are greatly appreciated. I will contact you if anything else comes up//until then God bless you! ” -SH
  • “Jim, thank you for everything. After I was resentenced I became eligible for camp custody. I am now on the RDAP list and doing fine” -MH
  • “JThank you so much for writing back. I read your response and I want you to know I completely trust you” -KV