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What to Do if Stopped for DUI in Nebraska
Omaha Criminal Defense Attorney's Tips for Anyone Pulled Over by Police for DUI
Getting stopped by law enforcement on suspicion of driving under the influence is a frightening situation. This is true regardless of whether you are a potential first-time DUI offender or you have multiple DUI convictions. Like any situation that involves the police, it is important to remember you are innocent until proven guilty. The burden of proof rests with the prosecutor, who relies on evidence compiled by an arresting officer. If that evidence was unlawfully procured or tainted in any way, a case can be dismissed.
If you need an experienced DUI lawyer, call Olsen Law Offices, P.C., L.L.O. as soon as possible. Attorney Tom Olsen is a Former Assistant State Attorney General and Assistant Omaha City Prosecutor who has successfully defended thousands of clients charged with DUI, including felony DUI. As Nebraska's premier criminal defense attorney, he is prepared to fight for you.
Here are some key tips on what to do if you find yourself involved in a DUI traffic stop:
Be Polite, but Know Your Rights
DUIs are harshly enforced by law enforcement and the courts, but politeness can go a long way because of the hostility police often face. Depending on the situation, it is not unheard of for an officer to cut a compliant, respectful driver a break. Is it rare? Yes, but it does happen.
That said, do not provide any information that may serve as incriminating evidence. You are only obligated to give your driver's license, vehicle registration, and proof of insurance. Do not provide false information, but also do not tell them you have been drinking or how much.
Field Sobriety Tests and Blood-Alcohol Testing
You are not legally obligated to submit to field sobriety testing. These tests can be unfair for people with physical issues or limitations and often involve a level of subjectivity. While you can refuse these tests, you are required to take a blood-alcohol breath or blood test. Not doing so can result in a "failure to submit" charge, which can increase the duration of a license suspension and makes you ineligible for driving relief with an ignition interlock permit.
The choice of whether to take your chances with a breath test or face a certain criminal charge and license revocation for failure to do so is up to you. If you choose to submit to a BAC test, tell the officer you want to take it at the police station, not on a handheld device at the scene. Also, do not provide any statements.
Why Hire a DUI Lawyer?
If you are arrested, call the 24/7 Olsen Law Offices, P.C., L.L.O. Attorney Tom Olsen will determine if police conducted an unjustified traffic stop, incorrectly administered your BAC test, failed to properly maintain testing equipment, or did not wait the required 15 minutes before testing you. If there is a way to avoid a conviction, Attorney Olsen will find it.
Contact a Lincoln DUI Attorney
Olsen Law Offices, P.C., L.L.O. and Attorney Tom Olsen are ready to help you. To speak with a skilled and aggressive Lancaster County criminal defense lawyer, contact us at 402-598-5789 for a free consultation. We also serve clients in Aurora, Buffalo County, Dawson County, Grand Island, Hall County, Hamilton County, Kearney, Lexington, Lincoln County, North Platte, Papillion, Sarpy County, Seward, York, and York County.