Bellevue, NE DUI Defense Lawyers

Attorneys Helping Clients Who Are Facing DUI Charges in Bellevue, Nebraska

If you have been arrested for DUI, it may seem like your life has been turned upside down. You may be looking at the loss of your driver's license, the possibility of jail time, significant fines, and a permanent criminal record. The legal process will move quickly during a DUI case, and the deadlines for taking action to protect your license and address criminal charges are short. The decisions you make after you are arrested can have a huge impact on the outcome of your case.

To make sure you will be able to address DUI charges correctly, you will need an experienced legal advocate on your side. The attorneys at Olsen Law Offices, P.C., L.L.O. can help you understand your rights, evaluate your options, and take the right steps to achieve the best possible outcome in your case. Whether you are facing misdemeanor charges for a first-time DUI or serious felony DUI charges, we can help you build a defense that will minimize the ways your life may be affected in the future.

DUI Penalties in Nebraska

The penalties that may apply in a DUI case may depend on whether you have any prior offenses, your blood alcohol concentration (BAC) at the time of your arrest, and other factors

First Offense DUI

A first DUI conviction is classified as a Class W misdemeanor. The penalties may include a fine of up to $500, up to 60 days in jail, and a six-month license revocation. There is a mandatory minimum jail sentence of seven days, but a judge may require you to spend additional time in jail.

Second Offense DUI

A second DUI conviction within 15 years can lead to more serious consequences. Penalties include a mandatory minimum of 30 days in jail, a maximum jail sentence of six months, a fine of up to $500, and an 18-month license revocation.

Third Offense and Beyond

A third DUI conviction within 15 years is also a misdemeanor, and it carries a minimum sentence of 90 days in jail and a maximum sentence of one year. The fines in these cases may be as high as $1,000, and a license revocation may last for 15 years. Any subsequent DUI offenses will be charged as felonies. A Class IIIA felony may lead to a sentence of up to three years in prison, and fines may be as high as $10,000.

Additional Consequences for DUI

A DUI conviction can lead to other issues that may affect you for years. Your car insurance premiums are likely to increase significantly. A DUI conviction on your record may limit your employment opportunities or prevent you from obtaining or renewing a professional license. If you are a commercial driver, your commercial driver's license may be disqualified.

Defense Strategies in DUI Cases

Our attorneys can help you determine how the evidence in a DUI case may be addressed, and we can develop strategies to prevent a conviction, including:

Challenging the Basis for the Traffic Stop

Before you can be pulled over by a police officer, they must have reasonable suspicion that you are driving under the influence or have committed another offense. This suspicion must be based on specific facts rather than a hunch or a general idea that you may have been drinking or using drugs. If a traffic stop was not legally justified, the evidence gathered could be excluded from your case, which may result in a dismissal of DUI charges.

Our attorneys can review all available evidence related to a traffic stop, including the officer's report, body camera footage, and dashcam recordings. We can take steps to show that there was no legal basis for pulling you over, and we will argue to have your case dismissed.

Questioning Field Sobriety Test Results

Field sobriety tests are often used during traffic stops, but their results are not always reliable. Officers are required to follow specific procedures when administering the standardized tests that have been approved by the National Highway Traffic Safety Administration (NHTSA). Our lawyers can review bodycam and dashcam footage to determine whether officers deviated from the proper protocols. We can also highlight other factors that may have led to an incorrect assessment by a police officer, such as inner ear disorders, knee or ankle injuries, nervousness, footwear, and road surface conditions.

Attacking the Reliability of Breath Test Results

Breath testing devices that are used to measure blood alcohol concentration after DUI arrests must be regularly inspected, calibrated, and maintained according to state regulations. An officer must also be trained and certified to administer a breath test. When these requirements have not been met, the results of a breath test may be challenged.

Our attorneys can look at maintenance logs and operator certification documents to identify issues that could have led to inaccurate results. We can review the procedures that were followed to determine whether an officer observed the required waiting period before administering a breath test. We may also take steps to show that medical conditions affected breath test readings, highlighting issues such as acid reflux, gastroesophageal reflux disease (GERD), or diabetes.

Challenging Blood Test Evidence

When blood is drawn and tested following a DUI arrest, the results may be unreliable if the correct procedures were not followed when collecting, storing, and analyzing blood samples. Chain of custody is a critical issue. If a blood sample was not properly labeled, stored, or transferred, or if the laboratory that tested it did not follow proper procedures, the results may be challenged.

Our lawyers will request laboratory documentation related to a blood test, including chain of custody records, testing methods, qualifications of lab technicians, and quality control data. Errors at any point in the process may serve as the basis for challenging test results.

Contact Our Bellevue DUI Defense Attorneys

While DUI charges can be serious, steps can be taken to defend against a conviction. With the right legal representation, you may have multiple options for addressing the charges, preventing the loss of your license, and preventing long-term penalties. At Olsen Law Offices, P.C., L.L.O., our attorneys can assist with your case, helping you address accusations of intoxicated driving and working to resolve the charges you are facing. Contact our Bellevue, NE DUI lawyers at 402-598-5789 to arrange your free consultation.