Do You Need a Lincoln DUI Lawyer or Defense Attorney?

Getting arrested for DUI is stressful. From the pit in your stomach when you see the officer turn on the flashing lights to all of the complicated emotions the day after. You’re worried about going to jail, losing your job, embarrassment from your family and coworkers, and the loss of your drivers license.

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On top of all of that, you’re not really sure what happens next. Most people in this situation have a lot of questions:

  • Do I even need a lawyer?
  • Am I going to jail?
  • Will I lose my driver’s license?
  • Will I lose my job?
  • Can I lose my professional license (nursing, medical, etc.)
  • What will all of this start?
  • Is my life over?

First things first, if you get arrested for DUI, you should take the charges seriously. The penalties for driving under the influence are harsh, even for a first offense. The jail sentence on a first offense DUI is 7 to 60 days in jail, a fine and loss of license. You could also be placed on probation, which can last several months and restrict what you can do and where you can go.

Following your arrest, you should act quickly and hire a seasoned defense attorney to guide you through the process and stand up for your rights. Even if you think you don’t have a defense, you will want someone to review the police reports, test results and any other evidence the state has. A good lawyer will also guide you, streamline the process and give you peace of mind.

An experienced Lincoln DUI lawyer will understand what you are going through and could explain the legal proceedings so that you are prepared at every step of the way. It is important to work with someone who knows your defenses, but also someone who is responsive, easy to communicate with and helpful.

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The Importance of Having a Criminal Defense Lawyer

A DUI arrest can have several serious long-term effects on your future. . These laws are complicated and constantly changing. Additionally, every DUI arrest is unique and has its own particular circumstances, so it is crucial to work with an attorney who could tailor a defense to the situation.

A DUI defense lawyer will look at the whole case from start to finish. Common parts to look at are:

  • The initial traffic stop
  • The observations made by the officer
  • The accuracy of the observations
  • The roadside PBT testing
  • The arrest sequence
  • The Datamaster test

These issues can lead to leverage for negotiating a plea agreement or challenging the case at trial or through a motion to suppress.

Getting advice from a skilled DUI attorney in Lincoln or Lancaster County is essential, from the initial arrest to negotiations to a potential trial. A lawyer’s job is to work to defend their client from receiving the harshest penalties by presenting mitigating factors and pointing out issues in the prosecution’s case. There are many potential problems and violations of rights that could lead to dismissals of charges in DUI cases.

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Consequences of Intoxicated Driving Charges

There are many potential consequences for a DUI conviction, including:

  • Jail time
  • License suspension
  • Ignition interlock
  • Fines
  • Probation
  • Increases in car insurance premiums

A DUI lawyer could help defend an accused person in Lancaster County court against these harsh penalties. Anyone who is facing charges for driving while intoxicated should get the representation they need to work toward a positive outcome in their case.

People with professional licenses for their jobs also face possible additional consequences. There are also additional consequences for people that have CDL’s and drive for a living. Also, if you have a driver’s license from another state and get arrested for DUI in Nebraska, it can still effect your license in your home state and you may face additional requirements there.

The interlock process can also be confusing. An interlock is a device that is installed in your car. In order to start the car and continue to drive the car, you have to blow into the interlock. If the device detects alcohol on your breath, the vehicle either won’t start or will stop running.  If you want to be able to drive after your DUI arrest, you will need to get an interlock permit through the Nebraska DMV.

In order to keep driving on a first offense DUI, you need to:

  • Get an interlock installed in your car by an approved provider
  • Get an installation certificate from the provider
  • Fill out the interlock application from the DMV
  • Submit the application and the certificate to the DMV

Fortunately, once you submit the paperwork, the turn around time is usually prompt.

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DUI Laws in Nebraska

In Nebraska, there are at least four variations of how you can be charged with driving under the influence.

  • If your BAC is .08 or above
  • If your BAC is .15 or above (this is considered an aggravated DUI)
  • If you are under the influence of alcohol
  • If you are under the influence of drugs

Nebraska Revised Statutes § 60-6,196 states that it is unlawful for a person to operate any type of motor vehicle while under the influence of alcohol or drugs. If an officer stops an individual with a blood alcohol concentration (BAC) of .08 or above, they could be taken into custody and face charges for driving under the influence. If their BAC is 0.15 or above, they face additional charges with enhanced penalties added upon conviction.

However, you can also be arrested for driving under the influence of drugs. The testing in these cases is not as straight forward as a breath test. Usually these cases involve specially trained law enforcement officers called Drug Recognition Experts, or DRE’s. These cases present complicated legal issues and you should consult with an attorney if charged for being under the influence of drugs.

In theory, you can also be charged with DUI without the actual test results. In these cases, the officer would have to make observations of impairment as well as evidence beyond a reasonable doubt that the person was driving and under the influence.

There are two parts to a DUI arrest that effect your ability to drive in Nebraska. You can lose your license two ways:

  • The Nebraska Department of Motor Vehicles can revoke your license within 15 days of your arrest.
  • The court will revoke your license after your conviction.

A local DUI attorney understands these laws and ensuing punishments and could explain the legal nuances to an accused individual. For instance, there are criminal classifications associated with DUI convictions. A first, second, or third arrest is typically charged as a misdemeanor, while subsequent arrests may be elevated to felony charges. A defendant could face additional penalties for aggravating factors, such as a BAC over 0.15.

Get Peace of Mind and Call a Lincoln DUI Attorney

One of the most valuable things you can get by hiring a lawyer are answers and peace of mind. Once you get over the initial shock, you will want to know what happens next and what will happen in court.

A good lawyer will walk you through the process and explain your rights. Some of the things we emphasize are:

  • Communication (clearly explain, not legal jargon)
  • Responsiveness (answer and/or return your calls)
  • In depth evidence analysis
  • Comprehensive case plan and strategy
  • Individualized attention
  • Fixed Fee Pricing upfront

A drunk driving arrest can disrupt every aspect of your life and have serious lasting consequences. If you are facing these charges, your rights, reputation, and freedom are on the line. When the stakes are this high, let a hardworking Lincoln DUI lawyer defend you and your future. Call today to set up a consultation about your circumstances and get started on an effective defense strategy.

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