Nebraska Drunk Driving Defense Attorneys
- Columbus
- William Neiman: A criminal case usually begins with an
investigation by law enforcement authorities. The reports of the law
enforcement agency are then forwarded to the local prosecutor (County
Attorney) who reviews the reports and sometimes conducts a further
investigation. If the local prosecutor files a charge, a complaint is
filed with the County Court alleging some violation of law. After the
complaint has been filed, a person is required to appear in Court for
an arraignment or first appearance; which is a court proceeding before
a judge who explains to you what you have been charged with, the
possible penalties, and your legal rights. Depending upon the type
crime charged, the specific procedures followed in a given case vary
greatly from case to case after the first court appearance. In a
criminal case, you are entitled to the presumption of innocence, and
that presumption continues until the prosecutor has proven your guilt
beyond a reasonable doubt; or until you plead guilty or no contest. One
of the more complicated aspects of a criminal case is that the
prosecutor must prove your guilt beyond a reasonable doubt by using
evidence that was constitutionally and legally obtained and which is
admissible in court. Courts will usually allow evidence to be presented
unless a proper objection is made to the use of the evidence. Most
laypersons do not have the legal expertise to understand whether the
evidence was constitutionally and legally obtained and whether the
evidence is legally admissible in a court proceeding.
- Fremont
- Johnson & Vaughn:
In the State of Nebraska, the legal limit is .10. Any amount over .10 means
that you can be arrested and charged with "driving under the influence". The
amount that any one individual can consume before being over the limit is
generally unknown until after you have been arrested and tested. There are a
great number of factors, which can effect your alcohol absorption rate, and
there is no safe answer for any individual as to an exact amount of alcohol you
can consume and still safely drive a motor vehicle.
- Hastings
- Susan Alexander:
You should consult an attorney for individual advice regarding your own situation.
- Lincoln
- Moore, Harry:
DUI/Driving Under the Influence:
"DUI" stands for Driving under the Influence and occurs when someone is operating, or is in actual physical control, of a motor vehicle while under the influence of alcohol or other controlled substance to the extent that their mental faculties are impaired and/or their blood alcohol content (BAC) is above the legal limit. Even for a first offense, penalties can include license suspension, substantial fines, community service, mandatory attendance at a state or DMV approved alcohol program, mandatory overnight incarceration and the required installation (at the offender's expense) of a car ignition locking device. In addition, a DUI conviction stays on a DMV record for several years, it typically results in higher insurance premiums, and an offender may become ineligible for credit. Plus, a DUI could also jeopardize your employment opportunities.
However, if someone was injured as a result of the drunken driving accident, it is possible the defendant will be charged with a felony (and if the victim dies, the driver may be charged with vehicular manslaughter). Further, a DUI conviction will likely be raised to a felony if it is the driver's fourth DUI offense or the driver has had a prior felony DUI offense within 10 years of the new charge.
- Naylor Law Office:
You must act quickly to take steps to maintain your driving privileges.
- Goltz, Jeffrey:
A police officer may try to make contact with you under one of the following circumstances: TheyÕre attempting to conduct a traffic stop, if you happen to be riding a bike or driving a car. They believe you may be a witness, victim, or perpetrator of a crime. TheyÕre just really friendly and want to say hello. In the first two cases, the officer may detain you for a finite period of time while conducting a traffic stop or other investigation. During this time, you are legally obligated to comply with any direct lawful orders the officer may give. In the third situation, the encounter is considered a consensual encounter, during which you may leave at any time. Asking the officer, Òam I free to leave?Ó is a good way to tell if you are being detained or not.
Traffic stops. During a traffic stop, an officer will use a patrol car or motorcycle to pull over a citizenÕs vehicle. The officer will make known his or her intent to pull over the driver by pulling behind the driverÕs car and displaying red and/or blue lights. The officer may also get the driverÕs attention by signaling with the patrol carÕs siren. When this occurs, one should follow this procedure to avoid any legal issues or misunderstandings: Signal your intent to cooperate by turning on your vehicleÕs hazard lights and reducing speed. Pull to the right slowly if it is safe to do so, and stop on the side of the road. If pulling over would block traffic, then pull off on the nearest side street or freeway exit. When stopped, turn off your engine. If it is dark outside, turn on your vehicleÕs interior lights. Keep your hands on the steering wheel and avoid making any sudden movements or reaching for anything. Comply with the officerÕs orders. Responding politely and affirmatively with Òyes officerÓ can make the difference between receiving a warning or getting a hefty traffic fine. If you receive a ticket or court summons, SIGN IT! Signing a ticket does not imply guiltÑbut failure to do so will get you arrested.
Searches. During traffic stops and calls for service, police officers will often ask for permission to search you, your car, or your home. The reason they ask is that without probable cause to search, they cannot unless they get verbal or written permission. An officer may Òpat downÓ a person being detained in order to check for weapons. This is known as a ÒTerry frisk.Ó However, unless the officer has permission from the person being detained, has probable cause that person being searched is in possession of illegal items, or is arresting the person, the officer may not search him or her. An officer may conduct a plain-view search of a vehicle while conducting a traffic stop. However, unless the car must be towed, or unless the officer has probable cause to believe that illegal items are in the car, or has permission from the driver, the vehicle may not be searched. An officer may not enter a personÕs home or search it unless the officer has probable cause that a crime is in progress or if he or she has permission to enter. Otherwise, an officer may not enter a personÕs home without a search warrant. In each of these situations, one need not give consent to a search by saying ÒI do not consent to any searches.Ó Failure to provide consent does not provide cause for a search or arrest. In addition, consent may be revoked at any time after it is granted.
If, for some reason you are placed under arrest, be sure to cooperate and do not resist. Any action you take or word you say may be documented and used in court. Your general demeanor during your arrest will also reflect how you are treated at the police station and in court. In addition, be sure to know your rights. Whether you are an adult citizen or non-citizen, you have certain rights if you are arrested. Before the law enforcement officer questions you, he or she should tell you that:
1. Anything you say may be used against you.
2. You have a right to have a lawyer present while you are questioned.
3. If you cannot afford a lawyer, one will be appointed for you.
These are your ÒMirandaÓ rights, guaranteed by the United_States_Constitution. If you are not given these warnings, your lawyer can ask that any statements you made to the police not to be used against you in court. But this does not necessarily mean that your case will be dismissed. And this does not apply if you volunteer information without being questioned by the police.
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- Kerns Law Office:
Suspected? ÊArrested? ÊCharged?
DON'T TRY TO TALK YOUR WAY OUT!
- Monzon Law:
Q: Do I need a lawyer even if I am innocent?
A: Every criminal defendant needs an attorney. Innocent people do end up in jail, and the best way to prevent such a miscarriage of justice is to hire a criminal defense lawyer. Your lawyer will work throughout the criminal justice process to ensure that your rights are protected and that the truth prevails.
- Franklin Miner:
You should consult an attorney for individual advice regarding your own situation.
- Oursland Law Office:
A DUI/DWI arrest is not something that should be taken lightly.
- Laura Lowe:
-Traffic violations can have serious criminal consequences,
particularly when a driver is accused of driving under the influence. A
conviction on DUI/DWI charges will result in fines and possibly land
you in jail. In addition, your insurance company may increase your
rates to an unmanageable level. In defending against an impaired
driving charge, you have many rights as a criminal defendant, including
the right to cross-examine the witnesses against you, even if they are
police officers. An experienced attorney can make all the difference in
such a difficult case.
- Jeff Schmidt:
The stress and uncertainty of defending a criminal charge requires
active and effective representation. There are few things more precious
than your liberty and good name. Make sure they are protected to the
fullest exent possible. If you do find yourself in the unfortunate
situation of dealing with police, the courts, and prosecutors, going it
alone can be a serious mistake.
- Omaha:
- Reisinger Law Office:
A DUI/DWI conviction in Nebraska carries severe fines and penalties. Depending on their Blood Alcohol Content (BAC), first-time offenders face seven to 60 days of jail time, a fine of $400 to $500, and license revocation of 6 to 12 months. The fines and penalties increase with every subsequent offense.
- McGough Law:
MIRANDA WARNINGS
An area of confusion for many of our Nebraska clients who have been arrested and charged with a crime has to do with ÒMirandaÓ warnings. Therefore, as a service to our Nebraska criminal defense clients and prospective clients, we offer answers to the following frequently asked questions:
What is a Miranda warning?
A Miranda warning advises individuals of their constitutional right not to answer questions that would incriminate themselves and to have a lawyer present before answering any questions.
If I am not under arrest, do I have to answer a police officerÕs questions?
No. Unless you are placed under arrest you are free to leave at any time. However, if a police officer stops you while you are walking, and asks you for identification, it is probably in your best interest to provide such information. The courts have allowed police officers to detain people for extended periods of time in an effort to determine the identity of the individual.
- Nelson Law:
After a defendant has been arrested, he will be scheduled for an arraignment. The defendant may have been released on bail or his own recognizance, or he may have been required to remain in jail until his arraignment. An arraignment is a proceeding whereby the offense that the defendant is charged with is read to him and he enters a plea to the offense charged.
- McGaughLaw:
DUI (Driving Under Influence) offenses carry serious penalties. Jail time, loss of your driver's license, and a stiff fine or lengthy probation are all possible sentences you may face. You need aggressive representation from someone who understands DUI cases, and who is not afraid to stand up in court to protect your interests.
If you are charged with DUI, you will most likely face two separate battles: one before the Department of Motor Vehicles, and another in front of the Criminal courts.
- Gregory Nelson:
Whenever you get arrested or ticketed for a D.U.I., you face two very important issues. The first
issue involves the Administrative License Revocation process conducted by the Nebraska Department of
Motor Vehicles. This process involves the suspension of your driving privileges in Nebraska. The
most important thing you need to remember is that you only have a short time to contest this
administrative license revocation. It is imperative you contact an attorney very soon after your
arrest so you donÕt miss any deadlines. If you do, you will waive your right to challenge your
revocation. If you do lose your license administratively, an attorney can assist you in obtaining a
restricted license allowing you to drive under certain conditions. However, it is important to note
that in some situations you will be unable to obtain a restricted license.
The second issue you face
involves the criminal prosecution of your case in the jurisdiction where you received your D.U.I. A
D.U.I. prosecution and conviction subjects you to the following possible penalties: jail, probation,
community service, fines, court costs and further suspension of your license. In July of 2006, the
Nebraska Legislature increased the penalties for most D.U.I. offenses. For example, jail time and a
one-year license suspension are now mandatory for certain first-time D.U.I. offenses. It is also
now possible to face a felony D.U.I. prosecution consisting of more lengthy incarceration and a
possible 15 year license suspension after only 2 prior D.U.I. convictions. The Nebraska Legislature
has targeted D.U.I. offenders as public enemy number one. The penalties have increased dramatically
and the consequences can be life-altering.
- Matthew Knoblauch:
DUI/DWI
Being ticketed and arrested for a DUI/DWI is a scary situation. Conviction of a DUI/DWI can lead to:
# fines
# restricted or suspended license
# mandatory DUI/DWI education classes
# probation
# community service
# jail time
You need an experienced attorney to represent you. Though you can contest a DUI/DWI charge yourself, Matt Knoblauchâs representation will help make sure you know your rights and fight to lower the penalties related from a DUI/DWI.
- Jeff Courtney:
Adverse consequences may apply for failure to act quickly. For
instance, if you are charged with driving under the influence, you will
lose your driving privileges for 12 months unless you request a hearing
within 10 days.
- Alan Stoler:
You should consult an attorney for individual advice regarding your own situation.
- Robb Gage:
DUI convictions are reaching record highs in Omaha.
- Casey Quinn: Promptly hiring an experienced lawyer is
important if you have been charged with DUI / DWI. Your auto
insurance rates can go up, and you may lose your license.
- W. Russell
Bowie:
Nebraska's limit for drunk driving is .10. There is no lower standard for
impaired driving, although convictions are possible just on the officer's
opinion of intoxication. Refusal to take the breath, blood or urine test is the
same as flunking, except that you will also lose your driving privileges for a
year. Once an officer directs a breath test, you cannot opt for a blood or
urine test.
- Holthaus Law Office: Have you been arrested? Discuss your case
with an experienced Criminal Defense Attorney prior to making decision
that may affect your future.
- John Lefler:
DWI - DWI arrests can lead to criminal penalties, administrative license
suspensions, auto insurance policy cancellations or significant premium
increases, loss of employment and other consequences. If arrested, contact an
attorney immediately.
- Tom Peterson:
If you are stopped by a law enforcement officer and suspected of drunk driving,
you will probably be asked to take some type of test to determine your blood
alcohol level. In Nebraska you are required to take a preliminary breath test
and an intoxilyzer test, however you are not required to take other field
sobriety tests such as touching your finger to your nose. If you refuse to take
the intoxilyzer, you will have you license suspended for one year, regardless
if you were drunk or not. While it is important that you do not make any
incriminating statements to the officer, you should always act in a courteous
and respectful manner to the investigating officer. This information is general
and should not be used for legal purposes. Always consult an attorney before
pursuing any legal matter.
- Pappilion
- Baxley Law Office:
In Nebraska someone can be guilty of driving under the influence of alcohol in two ways.
First, someone can be Òdriving under the influence,Ó which means they are driving after the ingestion of alcohol or drugs in an amount sufficient to impair to impair their ability to operate a motor vehicle in a prudent and cautious manner. Second, someone can have over a .08 "alcohol concentration."
So, how do the police build a DUI case against you?Ê They basically use three factors.Ê First they see how you are driving. They can say that in their opinion you were not operating it in a "prudent and cautious manner." Second they "ask" you to take a series of coordination exercises or ÒtestsÓ. This is where they get evidence of impairment. Make no mistake; these tests are designed for failure.Ê Finally, they ask for a breath or blood test.Ê This is to show your alcohol concentration was .08 or over.
- William Warnes Se habla espa–ol:
You should consult an attorney for individual advice regarding your own situation.
- Scottsbluff
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