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Every Nebraska drunk driving arrest is different. Maybe you were found passed out in your car on the side of the road with an open container of booze. Or maybe you were stopped on your way home from the bar downtown, and you really thought you were okay to drive. If you were charged with a violation of Nebraska drunk driving laws, you’ll want to read the information below to get an idea of the possible penalties and defense options for your offense.
Police use a variety of tests to determine a driver’s blood alcohol content — mainly a field-administered breathalyzer test. It is within the right of a driver to refuse to submit to blood alcohol testing; however, this would be grounds for an immediate arrest (Sec. 60-6,197.04). Keep in mind that while there is a “washout period” in Nebraska, it’s quite long at 15 years (Sec. 60-6,197.02(1)(a)).
Blood Alcohol Concentration (BAC) Limits:
Read the full text of the Nebraska Revised Statutes for more details.
There are some common defense strategies that a Nebraska defense attorney might try to use on your behalf. During the initial review of a drunk driving case, a defense attorney will usually look at the facts surrounding the arrest to determine if one of these defenses could apply to your situation.
The first common defense is that police did not have a valid reason for stopping the driver. If there was no valid reason for making the stop, then any subsequent charge of driving under the influence could be invalidated. Another defense is to challenge the accuracy and/or validity of evidence that the prosecution is using to convict you. For example, blood tests, breathalyzer tests and field sobriety tests are not without their faults and sometimes it can be shown that the test was inaccurate, and/or the test results cannot be trusted.
When blood alcohol concentration test results and other evidence are removed from the prosecution’s arsenal, it could result in the charges being dropped or dismissed, or a verdict of not guilty.
This article is intended to be helpful and informative. But even common legal matters can become complex and stressful. A qualified drunk driving lawyer can address your particular legal needs, explain the law, and represent you in court. Take the first step now and contact a local drunk driving attorney to discuss your specific legal situation.