The dreaded flashing lights in the rear-view mirror. You’re being pulled over and you start wishing you hadn’t gotten behind the wheel…
For many people in Nebraska, a DUI charge is their first (and often only) brush with the law. However, it only takes one conviction on your criminal record to impact the rest of your life. So, what do you do? How do you get a DUI dismissed in Nebraska so that it doesn’t restrict future options when it comes to employment, housing, finance, and travel?
Getting a DUI dismissed in Nebraska may be tough but you have a chance, especially with an experienced Nebraska DUI attorney to defend you.
What happens after a DUI arrest?
If you are arrested on a DUI charge in Nebraska, you may be required to post a bond, or you may be released to a sober party. A date will be set for your first appearance, sometimes called an arraignment. Then you will be released and conditions may apply, such as no driving without a valid license and no consumption of alcohol or drugs.
At the first appearance/arraignment date, a judge will explain the criminal charge, the potential penalties, your constitutional rights, and you will be asked whether you’d like to retain a lawyer.
First things first: do not plead guilty or enter into a plea agreement at the first appearance/arraignment and inform the judge that you’d like a continuance to retain legal counsel. With an experienced DUI attorney representing you, you have a chance of a better plea offer, case dismissal, or acquittal at trial, regardless of the weight of evidence against you.
While this chance exists, do not try to explain yourself or what happened to the judge or prosecutor, instead request a continuance to get an attorney and then let your lawyer do the talking.
If the complaint against you is flawed, your attorney may move to dismiss the charges at the arraignment.
If you retain a DUI attorney prior to the arraignment, your attorney may request that your appearance at the arraignment be waived and have you sign a document to enter your not-guilty plea that way instead.
If the case proceeds, it enters a “discovery” phase where evidence is provided, interviews are conducted, and opportunities to get the case dismissed may arise.
Are There Time Restrictions I Should Be Aware of?
When preparing your DUI defense, it is important to move quickly because there are some important early deadlines. For instance, if you wish to have a hearing before a hearing officer to determine whether your license should be revoked you must request that hearing within 10 days of your arrest. This may be important as this is an additional chance to question the law enforcement officer(s) outside of the criminal proceedings.
You have ten days from the date of your arrest to request a hearing on whether your driver’s license will be revoked. After you request your hearing, the DMV will send you a letter called the Notice of Hearing. Your hearing will need to be set within 20 days of your request being received by the DMV.
What Happens if This is My First DUI?
For a first DUI offense, the penalties are more lenient than for repeat offenders but there is still the possibility of spending some time in jail.
With good legal representation and depending on the specific circumstances of your case, you may be able to avoid jail time altogether even if you are convicted. Many first-time DUI offenders receive community service, classes, counseling, and even fines.
However, the aim of any good DUI attorney should be to have your case dismissed before it ever goes to trial.
How can I fight a DUI and get it dismissed?
After you hire an experienced Nebraska DUI attorney the should begin crafting a defense by figuring out the most common reasons for DUI cases to be dismissed by the Nebraska courts. If law enforcement fails to adhere to the established procedures and protocols while handling DUIs, it may result in grounds for the case to be dismissed.
Some Common Ways to Get a DUI Dismissed in Nebraska Are:
- Lack of Probable Cause: If the law enforcement officer did not have a valid reason to pull over the driver, the charges can be dismissed.
- Improper Administration of Field Sobriety Tests: Field sobriety tests must be administered correctly according to specific guidelines. If there is evidence that the tests were not conducted properly, it can lead to the dismissal of the case.
- Inaccurate Breathalyzer Test: Breathalyzer tests must be properly calibrated and maintained to produce accurate results. If there is evidence that the breathalyzer was not working properly, it can lead to the dismissal of the charges.
- Violation of Miranda Rights: If the driver’s Miranda rights were not read or the driver was not informed of their right to remain silent, it can lead to the dismissal of the charges.
- Illegal Search and Seizure: If the police conducted a search without a warrant or without probable cause, any evidence obtained during the search may not be admissible in court and could result in the case being dismissed.
- Lack of Witnesses: In DUIs, the prosecution’s evidence is often based on witness testimony, including the chemist who conducted the blood test and the arresting officers. If these witnesses fail to show up for a pre-trial hearing or trial, it may weaken the prosecution’s case and potentially lead to the case being dismissed.
An experienced DUI attorney can be essential in helping to mitigate the consequences of a DUI charge, even if the case is not thrown out entirely. In situations where the prosecution’s evidence is weak, the attorney may be able to negotiate a favorable plea deal on your behalf. With their knowledge of the legal system and experience in negotiating with the prosecution, a good DUI attorney can work to protect your rights and achieve the best outcome possible.
Facing a DUI Charge in Nebraska?
Having a DUI on your record can impact the rest of your life, which is why it’s important to act fast. Get in touch with the expert DUI lawyers at Nebraska Defense Group for a free case evaluation. Schedule your appointment now by calling (531) 249-3550.