Addressing Common DUI Questions
Being arrested for DUI can turn your world upside down. Many people who are arrested for DUI have never been in trouble with the law before and simply made an error in judgment. During this time, it is important to be armed with answers to your questions and the information needed to make educated decisions regarding your case.
At Whelan Law Office, our attorneys take the time to make sure each client fully understands his or her rights, as well as all options available. To learn more about your case and how we can create a DUI defense tailored to your situation, please contact our Omaha, Nebraska, law firm today.
What Kind Of Penalties To Expect From DUI Court
Some of the most common DUI-related questions we receive include:
Can I be arrested for DUI even if my BAC was below the legal limit?
Nebraska DUI charges often involve allegations that a driver was over the legal limit for their blood alcohol content (BAC). A failed test chemical is generally the only proof of intoxication that the state has in a DUI case when “per se” or legal intoxication is alleged.
However, a failed chemical test is not strictly necessary to bring DUI charges. If officers claim to have observed you driving in an erratic manner (or they recorded questionable driving with their dash cams) or if you caused a crash, the state could pursue a DUI charge even if your BAC is under the limit. The key is whether or not you are “impaired,” not your BAC.
How accurate are breathalyzers and portable breath tests?
You may believe that chemical tests are relatively authoritative. That is a common misconception, as people tend to trust forensic evidence. However, Breathalyzers and other portable breath tests actually fail frequently. All too often, they fail by producing an inaccurately high BAC reading.
Issues ranging from delays in calibration and outdated software to improper administration can compromise the accuracy of test results. There are also many ways for outside factors, such as unusual diets or health challenges, to compromise the accuracy of the test.
Do I have to submit to a breath, blood or urine test after a DUI stop?
Police officers sometimes rely on people assuming that they have to comply with police officer instructions during traffic stops to gather the evidence they need for an arrest and future criminal charges.
Nebraska does have an implied consent law that mandates submission to chemical testing in a DUI case. However, it only takes effect after an officer has placed you under arrest. Up until that point, you have the right to decline requests for chemical tests.
How do penalties change for repeat DUI offenses?
Penalties increase with each subsequent DUI conviction. The minimum and maximum penalties increase, as does the likelihood of the courts imposing the maximum sentence possible. Jail time, fines and driver’s license suspensions all increase with each DUI conviction.
After two DUI offenses, the third DUI charge is likely to be a felony offense. After a fourth or subsequent offense, you are at risk of a lifetime license revocation and possibly up to three years in prison. The penalties may be even more severe if your charges were the result of a crash that injured or killed other people.
Will refusing a chemical test hurt my DUI case?
While Nebraska does have an implied consent law, officers usually will not force you to perform a test after they arrest you in most cases. Test refusal can prevent officers from determining your exact BAC. However, you may face accusations of a secondary offense because you violated the implied consent law. You may face a longer driver’s license suspension due to the test refusal.
The prosecutor handling your case can also reference your refusal to undergo testing as evidence of your guilt. The courts may be more inclined to hand down harsh penalties in cases where drivers decline tests.
What common legal defenses are available for DUI charges?
You may be able to raise several different defenses in response to pending DUI charges. For example, you could present medical evidence to raise questions about the accuracy of chemical tests. Special diets, certain hygiene practices and even prescribed medications, such as asthma inhalers, can raise questions about breath test evidence.
Your lawyer might be able to challenge the validity of the traffic stop. If a police officer didn’t have a reason to pull you over, the evidence gathered may not be usable during a trial. Eliminating evidence or providing an alternate explanation for failed tests are often among the most common DUI defense strategies.
Can a DUI conviction affect my car insurance rates and employment?
Any criminal conviction could theoretically affect your employment. Especially if your job requires security clearance, an employment visa or a driver’s license, a DUI conviction could have profound negative consequences on your career.
Your car insurance rates are also likely to increase substantially after a conviction. A DUI conviction is a significant risk factor that companies consider when setting rates for new and renewed policies. That increase in risk can affect both you and your employer if you sometimes need to drive for work.
Is it possible to get a DUI charge reduced or dismissed?
In some cases, you may be able to convince the courts to dismiss a pending DUI charge with the help of a lawyer. Suppressing evidence due to inappropriate police officer conduct or issues with the credibility of the evidence could leave the state without enough proof to secure a conviction.
Prosecutors may also agree to reduce a DUI offense to a reckless driving offense, sometimes known as a wet reckless charge. Lesser charges reduce the penalties you face and the impact of your criminal record.
Are there diversion, probation or treatment programs that can prevent a DUI conviction?
You may have several options available to you if you want to avoid a traditional DUI trial. A pretrial diversion might be an option if this is your first DUI offense and you successfully complete the program requirements.
The Nebraska Problem-Solving Courts may allow you to avoid traditional prosecution. The DUI Courts focus on supervision and treatment. Undergoing probation and treatment programs may lead to the state dismissing the charges.
In some cases, you might be eligible for deferred adjudication. If the courts sentence you to probation and you complete all of the imposed requirements, the courts can then set aside or dismiss the charge. While the record of the offense shows up on a background check, your criminal record will not include a DUI conviction for that offense.
How does a DUI involving an accident, injury or death change the charges?
Even if this is your first DUI charge, causing harm to others may lead to a felony charge carrying more serious penalties than a standard DUI offense. A crash that only produces property damage may not lead to worse charges, but could affect the sentence handed down. You could also face liability for the losses the other parties incur.
The prosecutor may pursue DUI with Serious Bodily Injury if someone gets hurt. This charge is a felony that could lead to up to five years in prison. If the prosecutor accuses you of DUI Causing Death charges, a conviction could lead to up to 20 years in prison.
Can an out-of-state DUI arrest impact my home state driver’s license?
If you get convicted of a DUI in another state, that is likely to result in a driver’s license suspension. Nebraska participates in the Interstate Driver’s License Compact (DLC). Nebraska shares criminal records with other states regarding DUI convictions. Doing so helps the state enforce driver’s license penalties regardless of where you live.
How long does a DUI stay on my criminal record and can it be expunged?
Your DUI conviction could theoretically remain on your criminal record permanently. The general public, as well as prospective employers or landlords, can learn about a DUI conviction during a background check.
Although you cannot technically expunge the DUI conviction, it is sometimes possible to ask the courts to set aside the conviction after the completion of your sentence and probation. The charge then shows as a dismissed case, although it will still show up on a criminal background check.
Do DUI laws differ for underage drivers or commercial (CDL) drivers?
Nebraska DUI statutes are much stricter for minors and those operating commercial vehicles. They are subject to more stringent BAC limits.
Drivers under the age of 21 could face DUI charges once their BAC reaches .02%. Professionals in control of commercial vehicles are at risk of prosecution with a BAC of .04%, which is half the limit that applies to other adult drivers. A DUI conviction makes them ineligible for a CDL for at least a year.
Should I speak to the police or sign any documents without an attorney present?
While you may believe that you can explain the situation or that you understand the documents presented to you by police officers, it is generally advisable to consult with an attorney immediately after a DUI arrest.
A lawyer can be present during police questioning to ensure you don’t make mistakes that could increase your risk of a conviction later. Your attorney can also review any paperwork presented by the state to make sure that you don’t put yourself in an unfavorable position or make unnecessary concessions.
How can an experienced DUI lawyer help my case and what should I ask during a consultation?
A DUI lawyer can help you understand your rights and the law. They can identify issues with how the police handled your case or concerns about the evidence the prosecution intends to use. They can help you negotiate a plea bargain or develop a thorough defense strategy for a DUI trial.
When discussing a case with an attorney, asking about their experience and what strategy they intend to use can be helpful. You can ask your attorney to clarify the nature of the charges and the possible penalties.
Questions about whether they handle their clients personally and their communication practices can help you select the right attorney. Finally, you likely need to ask about their rates and their familiarity with the local courts, including the prosecutor handling your case and the judge presiding over it. All of those details can influence the selection process when choosing a DUI defense attorney.
Will I Lose My License?
If this is your first DUI, you will likely lose your license for up to two months. If this is your second offense, you are likely looking at a one-year license suspension. A third offense could cost you your license for up to 15 years.
Am I Going To Jail For My DUI?
There is the possibility of jail time, even on a first offense. First-time DUI offenders can face anywhere from one week to 60 days in jail. A second-time offender could be required to serve up to a year in jail.
How Much Will A DUI Cost Me?
DUI convictions result in serious fines. A first-time conviction can cost you up to $500 in fines and additional costs. A second conviction is up to $1,000.
Will I Be Required To Drive With An Ignition Interlock Device?
First-time offenders are not required to install an IID on their vehicles. Repeat offenders almost always face the requirement of an IID installation and use for a significant period of time.
DUI Penalties
The state of Nebraska takes drinking and driving seriously. As you can see, the penalties are harsh and designed to prevent repeat offenders. If you have been arrested and charged with drunk driving it is critical that you have a DUI lawyer who is committed to fighting for your rights and helping you avoid the worst of sentencing.
At Whelan Law Office, our criminal defense attorneys devote the time and attention needed to fight for each client. Call us at 402-513-0504 or contact us online for a consultation.