Lincoln DUI Defense Attorneys

Lawyers for First-Time DUI and Other Types of DUI Charges in Lincoln, NE

When you are driving, the sight of flashing lights in your mirror can be frightening, especially if you may be arrested for driving under the influence (DUI). Police officers take drunk driving very seriously, and any suspicions that you are intoxicated while behind the wheel could lead them to ask you to perform field sobriety tests, take a portable breathalyzer test, or gather other information that may allow them to arrest you and charge you with DUI.

The issues you may face if you are charged with DUI can be serious. Even if you have never faced DUI charges before, you could face penalties that may affect you for months or years, including a potential jail sentence. The fines for a DUI conviction can be large, and you may be affected by other costs, such as increased insurance rates. A DUI conviction on your record may affect your ability to find a job in the future, and it could lead to other difficulties in your life as well. Adding the long-term loss of your driving privileges on top of everything else can leave you wondering about how you will be able to manage your ongoing responsibilities.

As you address the issues involved in a DUI case, legal representation will be crucial. The criminal defense team at Olsen Law Offices, P.C., L.L.O. understands what you are going through, and we are here to assist with your case. We may be able to secure an acquittal or have your case dismissed, or we may help you negotiate with the prosecutor to reduce the charges you may be facing or find solutions that will prevent long-term penalties from affecting your life. We can also help address issues related to your driver's license so that you will be able to get back on the road as soon as possible.

Potential Reasons for a DUI Arrest

In many cases, DUI charges are based on the use of alcohol. You could be pulled over after you were out on the town and drinking alcohol at a bar, nightclub, restaurant, or sporting event. A traffic stop may occur while driving home from a party at a friend's house or in any other situation where you had something to drink.

Nebraska follows the standard legal limit for alcohol that is used in most other states. A blood alcohol concentration (BAC) of .08% is enough for a person to be charged with DUI. You can easily reach this limit after two or three alcoholic drinks within an hour or so. Even if you do not feel like you are intoxicated, you may be over the legal limit, and you could be arrested for DUI.

Alcohol is not the only substance that may lead to an arrest for DUI. While marijuana has not been legalized for recreational use in Nebraska, many people still use this drug, including for medicinal purposes. If a police officer smells marijuana in your vehicle during a traffic stop or believes that you have been using marijuana because of physical symptoms like red eyes, you could potentially be arrested for DUI.

DUI charges may also address intoxication by other drugs. Officers may perform arrests based on suspicions that you have been using drugs like cocaine or methamphetamine. Certain types of prescription drugs can also lead to intoxication, and you could be arrested based on the alleged use of opioid pain relievers, muscle relaxers, or sleep aid medicines. Combinations of different substances may also be addressed in DUI cases. For example, alcohol combined with cold or flu medicines could lead to intoxication, even if you were not over the legal BAC limit.

Procedures Followed During DUI Traffic Stops and Arrests

While an officer may pull you over because they suspect that you are under the influence of alcohol or drugs, they will need to gather evidence indicating that you are intoxicated before they can arrest you for DUI. During the traffic stop, they will be looking to establish probable cause to believe that you are intoxicated, which will allow them to perform an arrest.

The most common ways officers establish probable cause are through field sobriety tests and roadside breathalyzer tests. During field sobriety tests, an officer may ask you to step out of your vehicle and perform certain tasks, such as balancing on one foot for around 30 seconds or tracking an object such as a pen with your eyes. It is important to understand that these tests are not mandatory. Even though an officer may act as if you are required to follow their instructions, you are allowed to decline to participate in field sobriety tests with no penalties for doing so.

Portable breath testing devices may also be used during traffic stops, and an officer may ask you to blow into a device to test the level of alcohol in your system. These devices are not known to be accurate, and they will only give an estimate of your BAC. While the readings from a portable breathalyzer generally cannot be used as evidence in a DUI case, they can provide probable cause for a DUI arrest. As with field sobriety tests, you are allowed to decline to take a portable breath test during a traffic stop.

After you are arrested, you will usually be taken to a police station or holding facility, booked, and charged with DUI. To determine whether you were intoxicated, officers will usually ask you to take a chemical test, which may include a breathalyzer or drawing a blood sample that will be analyzed by a lab. These tests are mandatory, and refusing to take them will result in the automatic revocation of your driver's license. A test showing that you were over the legal BAC limit or were intoxicated by other substances while driving will also result in an administrative license revocation, and the results of the test will be used as evidence in a DUI case.

Contact Our Lincoln, Nebraska DUI Defense Lawyers

The issues that can affect a DUI arrest and charges for intoxicated driving can be complex. At Olsen Law Offices, P.C., L.L.O., our lawyers can provide you with effective legal representation as you defend against DUI charges. We can review the procedures followed during your traffic stop, determine whether the evidence against you may be challenged, help you prevent the revocation of your license, and work to defend against a DUI conviction. Contact our Lincoln DUI attorneys at 402-598-5789 to set up your free consultation today.