TIGHE LAW WEBSITE
I am a criminal defense lawyer licensed in Nebraska and Iowa. My practice handles criminal cases (both Felony and Misdemeanors) in Eastern Nebraska (Omaha, Douglas County, Sarpy County, Washington County, Dodge County, Platte County, Saunders County, Lancaster County, Cass County and surrounding areas) and Western Iowa (Pottawattamie County, Mills County, Monona County, Woodbury County, Harrison County and surrounding areas).
If you have been charged with ANY CRIME in the Sate of Nebraska or Iowa, you need an experienced criminal defense attorney.
In this blog, I will NOT be discussing defenses, discovery, pre-trial motions, police reports, possible civil penalties, “no contest” pleas, or other such information. That information requires an in-depth consultation. Wherein we will be discussing your particular case in intricate detail and formulating a comprehensive defensive strategy to attack the charges against you.
Today’s blog is part I of a multi-part series regarding Dui (Driving under the influence) and the consequences thereof.
CONTENTS OF TODAY'S BLOG
- I. Night Out;
- II. How Many Drinks Before I am above >.08;
- III. Didn't See Cop Car or Cop Car was Hidden (I wasn't swerving);
- IV. Field Sobriety Tests (FST's);
- V. Preliminary Breath Test (PBT's);
- VI. Breathalyzer at Police Station;
- VII. Nebraska Misdemeanor Dui Penalties:
So let us start from the beginning:
"Last night a few friends called and..."
Most people who are accused of Dui (Driving Under the Influence) begin their conversation with me using those words or "I was out last night with a few friends..." We are social beings and very little makes us happier than being invited out and spending time with friends or loved ones.
Here is where the story starts going bad:
"We were having some drinks....and then I left"
How many drinks before I am over the limit
Many of us are unaware of how many (or how few) drinks it takes to "put us over the limit" when it comes to DUI, therefore I had attached two (2) interactive Bac calculators (Blood Alcohol Concentration or Content).
*These calculators are ESTIMATES only and should NOT be used to decide whether to drive or not- If you have drank alcohol and don't want a DUI the only solution is to not drive*
"I only had a few drinks..."
utilizing the above calculators, we see that it doesn't take many drinks for someone to get to the .08 threshold.
"The cop car was hidden" or "I wasn't Swerving"
This is a tactic that officers have utilized for generations. Frequently, officers will be running radar for speeders and will use the use the speeding violation as the probable cause to pull the vehicle over. Then when you unroll the window to hand over your license, registration, proof of insurance, etc., the officer will then (written in their police report) detect the odor of alcohol emanating from the driver to establish probable cause to take the traffic stop to the next level.
Field Sobriety Tests (FST's)
Now, let us assume that the officer(s) claims that they can detect the aroma/odor of alcohol emanating from your body (they usually include watery blood shot eyes and other "signs of intoxication" in their official police reports) the officer(s) will usually ask for you to step out of the vehicle and then begin administering the FST's (Field Sobriety Tests).
Here is where the tests we have all seen (or joked about) come into play. The touch your nose test, the heel to toe walking test, the horizontal gaze and nystagmus test, the balance on one foot test, etc., etc.
Preliminary Breath Test (PBT's)
The preliminary breath test is the breathalyzer test the officer gives the suspected Dui defendant on the side of the road. This Preliminary Breath Test (PBT's) is a handheld portable version of a breathalyzer that officers carry with them to help establish additional probable cause to elevate the traffic stop. If the Preliminary Breath Test (PBT's) result is above .08 the officer will then transport the Defendant to the police station where the suspect will be subjected to the actual **breathalyzer.
(**The breathalyzer results at the police station carry legal significance)
Breathalyzer at Police Station:
Nebraska Revised Statute §60-6,197. Driving under influence of alcoholic liquor or drugs; implied consent to submit to chemical test; when test administered; refusal; advisement; effect; violation; penalty.
(1) Any person who operates or has in his or her actual physical control a motor vehicle in this state shall be deemed to have given his or her consent to submit to a chemical test or tests of his or her blood, breath, or urine for the purpose of determining the concentration of alcohol or the presence of drugs in such blood, breath, or urine.
(5) Any person who is required to submit to a chemical blood, breath, or urine test or tests pursuant to this section shall be advised that refusal to submit to such test or tests is a separate crime for which the person may be charged. Failure to provide such advisement shall not affect the admissibility of the chemical test result in any legal proceedings. However, failure to provide such advisement shall negate the state's ability to bring any criminal charges against a refusing party pursuant to this section.
^To fully discuss your Dui situation, Feel Free to contact David Tighe at 402-981-6327^
Typical Nebraska Dui – Potential Penalties for:
- 1. First Offense Dui – Non- Aggravated Dui; and
- 2. Second Offense Dui – Non- Aggravated Dui;
What are the Penalties for Dui in the State of Nebraska?
What is the Penalty for first offense non-aggravated Dui in the State of Nebraska?
First Offense DUI – Non-Aggravated Dui – Penalty (Defendant’s Bac was under 0.15) – First Offense Non Aggravated Dui is a Misdemeanor in the State of Nebraska.
Maximum Penalty: 60 days in jail. The Court will order that your drivers license is revoked for 6 months license (The DMV will revoke your license also, however I will address the DMV portion of a typical DUI in a future blog). The Court will order a $500 fine (not including additional court costs and fees)
Mandatory Minimum: 7 days in jail (Or More-up to the maximum allowed by Law). The Court will order a 6 months license revocation and a $500 fine
The court requires the person to apply for an ignition interlock. Ignition interlock and its applicable law will be addressed in a future blog.
If The Court Grants Probation: There will be no “up-front” Jail sentence, however you will be ordered to a term of probation and the Court will revoke your driver’s license for 60 days and order a $500 fine (not including court costs and fees and probation fees).
The court requires the person to apply for an ignition interlock.
What is the Penalty for Second Offense Non-Aggravated Dui in the State of Nebraska?
Second Offense DUI – Non-Aggravated Dui (Defendant’s Bac was under 0.15) – Misdemeanor
Maximum: 90 days in jail
1 year license revocation
$500 fine (Not including Court Costs, fees etc, etc).
Mandatory Minimum: 30 days in jail (Or More-up to the maximum allowed by Law)
1 year license revocation
$500 fine
The court requires the person to apply for an ignition interlock after
45 days.
If The Court Grants Probation: 10 days in jail (Or More-up to the maximum allowed by Law) or not less than 240 hours of community service (The Court does NOT have to Allow Community Service).
1 year license revocation
$500 fine
The court requires the person to apply for an ignition interlock after
45 days.
(Again, every case is different due to facts and circumstances. Therefore, to fully know and understand the full range of penalties – both criminal and civil penalties and liabilities- you are facing, you need to discuss your case in DETAIL with an experienced criminal defense lawyer like David Tighe.
Remember that first and foremost, if you have been pulled over, cited or arrested you should immediately contact an experienced Criminal Defense Attorney, Like David Tighe, to discuss your particular situation and immediately work on developing a comprehensive defense strategy for your case.
The purpose of this blog is purely for informational purposes only and should not be construed as legal advice and does not create an “Attorney-Client Relationship” as everyone’s legal situation is different and is dependent on the isolated facts of their particular situation.
I will post additional information regarding Nebraska crimes, laws and procedures and penalties in the near future.
Thank You
DavidTighe
402-981-6327
David@davidwtighe-law.com
If you or a loved one have been charged with a crime in Nebraska or Iowa – time is critical. Each case is unique, and it is important to protect your rights. David Tighe is an experienced Criminal Defense Attorney that is able to answer your questions, and determine the best course of action.
Feel free to contact David Tighe Criminal Defense Lawyer via 402-981-6327 or email David@davidwtighe-law.com
or visit my website at
Dui lawyer Nebraska David Tighe
Twitter: @DavidTighelaw
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YOU are innocent until proven guilty in a court of law according to the Constitution of The United States.
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