Papillion, NE DUI Defense Attorneys

Lawyers Representing Clients in DUI Cases in Papillion, Nebraska

For people in Nebraska, charges of driving under the influence (DUI) can be very serious. A DUI conviction can affect a person's freedom, their finances, their driver's license, and their career. For people who have been arrested for DUI, it is important to understand what charges they may be facing and what options may be available for defense.

At Olsen Law Offices, P.C., L.L.O., our criminal defense lawyers understand how frightening it can be to face a DUI charge. We work with clients in Papillion and the surrounding areas, helping them understand their best options for defense and working to minimize stress during the legal process. We can provide guidance on the issues that may arise during a case, maintain communication with clients to ensure they understand what will happen next, and work to resolve a case successfully.

Understanding DUI Charges in Nebraska

A person may face DUI charges based on accusations that they were operating or were in control of a motor vehicle while they were under the influence of alcohol or drugs. A person can be charged with DUI under any of the following circumstances:

• Blood Alcohol Concentration (BAC) of 0.08% or Higher: Nebraska follows the same legal limits for BAC as most other states. If a chemical test shows that a person had a BAC at or above this threshold while they were driving, impairment may be presumed, and DUI charges may apply.
• BAC of 0.04% or Higher for Commercial Drivers: A person who has a commercial driver's license (CDL) and is operating a large truck or other commercial vehicle will be subject to a stricter legal limit. In these cases, a driver may not only face DUI charges, but their CDL may be disqualified, preventing them from working for an extended period of time.
• BAC of 0.02% or Higher for Underage Drivers: Nebraska has a zero-tolerance policy that applies to drivers who are under the age of 21. Even a trace amount of alcohol for an underage driver can result in a DUI charge.
• Driving Under the Influence of Drugs: DUI charges may be based on substances other than alcohol. If police officers believe that a person is impaired due to the use of controlled substances, prescription medications, or certain over-the-counter drugs, they could arrest the person for DUI.

Why People Get Arrested for DUI

The circumstances that lead to a DUI arrest can determine the steps that may be taken to defend against a conviction. Many DUI cases involve factors such as:

Traffic Stops

When a police officer chooses to pull a driver over, they must have a legal reason for doing so. A "reasonable suspicion" standard will apply, which typically means that an officer must observe a traffic violation or other behaviors that suggest that a person may be impaired. Common reasons for DUI-related traffic stops include weaving between lanes, driving significantly under the speed limit, making illegal turns, failing to stop at a traffic signal, and driving without headlights at night.

Field Sobriety Tests

After stopping a vehicle, an officer may ask a driver to take field sobriety tests to determine whether they may be impaired. An officer may observe a person's ability to balance while standing on one foot or walking along a line, or they may watch a person's eyes as they follow an object that moves back and forth. A person's performance on these tests may serve as the basis for making an arrest. These tests are not mandatory, and a driver is allowed to decline to take them.

Preliminary Breath Tests and Chemical Testing

An officer may ask a person to take a preliminary breath test (PBT) during a traffic stop by breathing into a handheld breathalyzer device. This device can provide an estimate of a person's BAC, and if it indicates that a driver is over the legal limit, an officer may arrest them for DUI. After an arrest, a person will usually be asked to take a more accurate chemical test, such as a breath or blood test. While a PBT can be refused, a person who refuses a chemical test after being arrested for DUI will face an automatic license suspension.

DUI Defense Strategies

There are multiple options for defense against DUI charges. Our attorneys can review what happened during a traffic stop and the evidence involved in a case to identify any issues that may be addressed during a case. We may take steps to:

Challenge the Traffic Stop

The lawfulness of a traffic stop is one of the first things our legal team can address. If there was no reasonable suspicion of DUI or another offense, the stop may have been unlawful. Any evidence gathered during or after the stop may be excluded from a case, which may result in a dismissal of DUI charges.

Question Field Sobriety Tests

The tests that officers perform during traffic stops are only considered to be reliable when strict guidelines are followed. If an officer did not follow the right procedures, or if factors such as poor lighting, uneven pavement, or weather conditions affected a person's performance, we can argue that the results were not interpreted correctly.

Challenge Breath Test Results

Breathalyzer devices must be regularly calibrated, and they may be inaccurate if maintenance was not performed correctly. Our lawyers can review maintenance logs and the qualifications of officers to determine whether results may have been inaccurate. We can also determine whether medical conditions such as acid reflux or diabetes may have affected the readings.

Challenge Blood Test Results

After a blood sample is taken, issues such as improper storage, contamination of a sample, or testing errors can lead to inaccurate results. Our team can review laboratory records and other information related to blood tests to determine whether a blood sample was handled correctly or whether test results may be inaccurate.

Negotiate for Reduced Charges or Alternative Sentencing

Depending on the circumstances of a case, a prosecutor may agree to reduce a DUI charge to a lesser offense, such as reckless driving. In other cases, a person may be able to participate in alcohol education programs, perform community service, or serve a period of probation while avoiding a DUI conviction. We will evaluate the options that may be available and take steps to negotiate an agreement that will minimize the ways our client may be affected by DUI charges.

Contact Our Papillion DUI Defense Lawyers

A DUI arrest can be a stressful experience, but with legal representation from an experienced lawyer, a person can determine their best options for defense. At Olsen Law Offices, P.C., L.L.O., we can provide guidance on the potential defense strategies that may be used in DUI cases. We work to protect our clients' rights and help them resolve cases while minimizing the ways their lives may be affected.

To speak with a member of our team, contact our Papillion, NE DUI attorneys at 402-598-5789 and schedule your free consultation. By getting in touch with us as soon as possible after being arrested for DUI, you can make sure the right steps will be taken to resolve your case successfully.