Understandably, Nebraska police want to keep dangerous drivers off the road so that motorists can travel safely to their destinations. This means being on the lookout for signs of drunk driving. Before pulling a vehicle over to determine if the driver is intoxicated, officers usually have some probable cause. If the officer’s probable cause is successfully challenged in a court of law, any pending charges against the driver could be dismissed.
Recently, an officer noticed a vehicle around 9 p.m. and reported that the vehicle was crossing the center line and repeatedly traveling on the shoulder. The supposedly erratic behavior of the driver prompted the officer to pull him over. It was then that the officer asked the driver to submit to field sobriety tests, which he allegedly failed. A breath test in the field registered the driver’s blood alcohol content at .274, well over the legal limit of .08.
Preliminary breath tests and field sobriety tests are often unreliable, and this man may have cause for concern. He was charged with possession of an open container, driving without a license and failure to stay in a lane. However, because his BAC was so high, the drunk driving charge was upgraded to a felony aggravated DUI. Additionally, the man already has three DUI convictions on his record, which may complicate his situation in a Nebraska court.
In circumstances such as this, a strong defense strategy is often essential to ensure the accused gets a fair hearing. An attorney may decide to question the probable cited as the basis for the traffic stop and certainly challenge any field tests that led to the drunk driving arrest. Having a determined advocate may improve one’s chances of achieving a favorable result.
Source: columbustelegram.com, “Columbus man jailed for fourth DUI”, Jim Osborn, Aug. 3, 2017