Can you fight a technical or per se DUI charge?

On Behalf of | Nov 21, 2022 | Drunk Driving |

The justification for driving under the influence (DUI) charges in Nebraska often consists of someone’s behavior at the wheel combined with chemical evidence. Police officers can use certain driving decisions or mistakes as the basis for a traffic stop that eventually leads to someone’s arrest.

However, there are also times when someone gets pulled over for an unrelated issue, only to have the police officer asked to perform a chemical test. If someone fails a breath test despite driving normally, police officers might arrest them. Can you fight a DUI charge on the basis that you still retained your necessary driving skills?

Nebraska has a limit on how much alcohol you can consume

State law makes it clear that no one should drive when they know substances have affected their ability. Even someone well under the legal limit for their blood alcohol concentration (BAC) could demonstrate impaired ability.

Anyone showing obvious skill deficits can face DUI charges even when their BAC is under the limit established by state law. In other words, drivers can absolutely face DUI charges despite not being over the legal limit.

There is no benefit for drivers in the reverse situation. They cannot fight charges based on that legal limit simply by claiming they have a higher alcohol tolerance than others. The per se BAC limit in Nebraska makes it a crime to get behind the wheel when your BAC exceeds 0.08%.

The prosecutor arguing your case doesn’t need to prove to the courts that you were over the legal limit and it affected your ability. They only need to convince the courts that your BAC was too high.

How can you defend yourself?

When you don’t show any obvious signs of impairment, the breath test may be the only real evidence the state has against you. Challenging the results of the breath test could it be a workable strategy for someone accused of technically violating Nebraska’s drunk driving laws despite having a normal level of skill at the wheel. Other individuals could challenge the traffic stop entirely, as the police officer may not have had a compelling reason to stop your vehicle.

Learning more about defense options and state law can help anyone hoping to fight back against pending DUI charges.