Nebraska Criminal & Trial Lawyers
The Importance of Fighting a DUI Charge

The Importance of Fighting a DUI Charge

Nebraska residents facing a DUI charge may feel intimidated by the idea of fighting the case, particularly without the help of a skilled criminal defense attorney. With both criminal and administrative penalties on the line, it could be in your best interest to find legal representation to help you challenge the validity of a DUI arrest to ensure proper disposal of the case.

DUI charges come with a number of penalties ranging from revocation of a driver’s license to fines and potential jail time depending on prior driving history. Because of these long lasting and potentially detrimental penalties, pursuing a sound legal defense against DUI charges may be worth the time and effort to protect your future.

There are a number of ways to challenge a DUI charge in Nebraska. The key components of a strong case against a suspected intoxicated driver are the traffic stop itself and the tests used to measure blood alcohol content (BAC) after the arrest.

Challenging the traffic stop

The first step in challenging a DUI charge is to take on the validity of the traffic stop. Under Nebraska state law, a law enforcement officer’s observation of a driver’s intoxication is sufficient evidence in a DUI case. Chemical tests are one piece of evidence for a case, but courts have recognized officer-observed impairment and poor performance in field sobriety tests as sufficient pieces of evidence.

By challenging the probable cause and legality of a traffic stop, a criminal defense can effectively stifle any evidence stemming from that stop. If the stop was invalid, a skilled defense attorney can argue that all the evidence produced from that stop also becomes invalid.

Challenging chemical tests

Some defendants in Nebraska have found success in challenging the constitutionality of certain chemical testing, though it’s not the most consistent challenge a defense attorney can make. Refusing a breathalyzer or blood test is a crime in and of itself under state law and Nebraska is one of only a handful of states with such a hardline policy against refusal.

The important aspect of potentially challenging chemical testing is the proper maintenance and use of the tools used for testing. The state should prove the instruments were calibrated properly and all persons conducting the tests followed protocol.

Challenging a DUI charge may seem like a daunting task for the person facing the charge. That’s exactly why it’s important to work with a skilled criminal defense attorney to ensure effective and fair disposal of the case. Give yourself the best chance for a productive future after dealing with DUI charges.

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