Omaha DUI Lawyer

Omaha DUI Attorney

Facing a driving while under the influence (DUI) charge in Omaha, Nebraska, can cause a lot of stress and anxiety for the individual in question. This is because the state of Nebraska imposes strict penalties against anyone who is found guilty of operating a motor vehicle while under the influence of drugs and alcohol. In these instances, hiring an Omaha DUI lawyer can help with investigating the details of your case and finding ways to either reduce or dismiss the charge.

At Sopinski Law Office, our DUI defense lawyer has a deep understanding of DUI law in Nebraska. Our team has spent years leveraging the nuances of DUI law in this area to help our clients receive a fair trial that protects them from unnecessarily harsh penalties. If you have been charged with a DUI and are struggling to know where to begin, connect with our law firm today.

How Can I Defeat My Nebraska DUI Charge?

Defeating a DUI charge in Nebraska, will take a number of different steps, starting with educating you about the laws involved and securing certain resources to support you throughout the process. Some common steps to take include:

Hiring a Seasoned Nebraska DUI Attorney

One of the most critical first steps to take after being accused of driving while under the influence is to hire seasoned attorneys in this space. This will immediately fill in all of the knowledge gaps you are missing and will ensure that under their supervision, your rights will be protected from start to finish. They will begin to investigate your case and find ways to exploit every vulnerability that exists within the criminal charges against you.

Challenging the Traffic Stop

Before an attorney looks into the details of your drunk driving allegation, they will see if law enforcement had a valid reason to stop you in the first place. The Fourth Amendment of the U.S. Constitution states that no one should be subjected to an unnecessary search and seizure. This requires all police officers to have a valid reason before they make the decision to pull someone over.

If you can prove that law enforcement pulled you over unlawfully, all evidence that was collected during this interaction could be dismissed entirely from the case. This has the power to completely dismantle their entire argument against you. It may even prevent them from using your toxicology report in court, which is a primary piece of evidence to show you were under the influence.

Questioning the Validity of Field Sobriety and Breathalyzer Tests

Both field sobriety tests and breathalyzers are used to help law enforcement have a valid reason for making a DUI arrest in Nebraska. However, these methods have shown in the past that they can be unreliable. For example, sometimes certain medications prevent someone from passing a field sobriety test rather than the fact that they were under the influence. For example, a side effect of their medication could be the cause of why they appeared unbalanced during the test.

The same applies for breathalyzer tests. Certain personal medical conditions could be the cause of a non-passing result. The results could also be compromised if the breathalyzer was not properly maintained or calibrated to ensure the results were accurate. A strong defense strategy will point out flaws in the execution of these sobriety tests and their results to try and raise doubts about their validity.

What Evidence Can Be Used to Support My Defense?

An Omaha DUI lawyer will take their time to ensure every piece of evidence in your case is carefully collected and scrutinized to ensure it will help substantiate your claims of what happened. Some of the most compelling evidence to use in these cases include:

Surveillance Footage

In any case that involves a traffic stop, video footage from surveillance cameras and law enforcement’s body cams can help to bring everyone back to the scene of the incident. These videos could help to prove that law enforcement did not have the authority to pull you over or that you did not appear intoxicated during the interaction. Videos have the power to combat any untruthful claims about your condition or what happened.

Medical Records

If you take the position that a medical condition is what caused an inaccurate breathalyzer reading, providing medical records can help prove this is true. Simply testifying that you have a condition will not be enough to raise doubts in the eyes of a judge and jury. They need solid evidence. For example, a record that details a disorder or injury that causes your speech to slur can help validate why it was difficult for you to satisfy specific orders during your field sobriety test.

Vehicle Maintenance Records

If you believe that a specific car malfunction is what caused you to crash your car or drive in a way that had an officer pull you over, you will need to prove a mechanical error happened. One possible route to substantiate this claim is to show your vehicle maintenance records. If you can show that a gap in your required maintenance schedule caused a specific malfunction, such as making it more difficult to steer, it can explain why an officer pulled you over.

Psychological Evaluations

Mental health conditions can cause people to act as if they are intoxicated during an interaction with law enforcement when they really are not. For example, if someone became nervous when they were pulled over and started to have a panic attack, an officer could have mistaken this as intoxication. Providing evidence that you have been diagnosed with a panic attack disorder or anxiety can help support your claim that you were having a mental health episode.

Eyewitness Testimonies

Any individual who was at the scene of the alleged crime in Omaha can help provide a firsthand account of what they saw. This can either corroborate the same version of events you have described or contradict what the prosecution claims to have happened. These eyewitnesses can be anyone from a passenger in your car to someone who was walking by when the incident occurred. The most credible witnesses can help establish your behavior, condition, and actions.

Expert Witness Testimonies

In addition to eyewitness testimonies, the professional insights from an expert witness can also support your defense. These experts can be anyone from a forensic scientist, toxicologist, or even a healthcare professional. For example, a toxicologist could be brought in to help explain how the medications you were on would have influenced the accuracy of the breathalyzer’s results.

Another example is leveraging the knowledge and skill of an accident reconstruction specialist. These individuals can help to recreate the chain of events that happened to show what might have caused an officer to believe you were driving under the influence. For example, they may show how road hazards like a massive pothole caused you to swerve and get pulled over.

FAQs

Q: How Much Does a DUI Attorney Cost in Nebraska?

A: The total cost of hiring DUI attorneys in Nebraska will depend on the specifics of your case and the details of their services. For example, hiring a well-seasoned attorney to investigate and support an extremely complicated case will cost a lot more than having an attorney newer to the industry defend against a straightforward case. While it might be tempting to save on attorney fees, the upfront costs for quality services can provide a favorable return on investment.

Q: How Can I Get Out of a DUI in Nebraska?

A: To successfully get out of a DUI in Nebraska, you will need a strategic legal defense that has been tailored to the specifics of your case. An attorney will be able to investigate what happened and decide which strategy has the highest chance of dismissing your case. For example, they may find ways to question the accuracy of your breathalyzer test results or highlight a procedural error made by law enforcement during the traffic stop.

Q: Can DUIs Be Expunged From My Record in Nebraska?

A: There are only a few situations in which someone gets a DUI expunged in the state of Nebraska. For example, if you were arrested but the charges were dropped in the middle of your trial, any record that you were charged with a DUI in the first place will be removed from your record. If you were officially charged, the only way to expunge this is through an official pardon from the government.

Q: How Does a DUI Affect My Ability to Drive in the Future?

A: If you were convicted of a DUI charge in Nebraska, part of your punishment might be to have your driver’s license temporarily suspended. It will also be automatically suspended if you refuse to participate in a breathalyzer test. The length of your license revocation will depend on whether it’s your first offense or a subsequent one. Once you get your license back, you may be required to install an ignition interlock device on your vehicle to help prove you are sober before driving.

Contact Sopinski Law Office Today

If you are facing new DUI criminal charges in Omaha, it is important to have a knowledgeable and experienced criminal defense attorney on your team. Sopinski Law Office is dedicated to learning more about your case and constructing the most favorable defense possible to ensure your rights are protected at every step in the process. Contact us today to begin.