Some Commonly Asked Questions About DUI/DWI
What is the definition of DUI in Nebraska?
In Nebraska, it is against the law to operate or be in actual physical control of a motor vehicle while under the influence of any alcoholic liquor or of any drug, or with a blood alcohol concentration of .08 or more. Neb. Rev. Stat. 60-6,196.
What is "Blood Alcohol Level"?
The blood alcohol level, or BAC, is the percentage of alcohol detected in the blood. BAC is determined by either a blood test or a chemical breath test.
Does a person have to do field sobriety tests if requested?
No. There is no penalty for declining to perform standard field sobriety tests.
What happens if I refuse to submit to a preliminary breath test?
You will be arrested and taken to jail. You will be charged with refusal and fined $100.
What should I do if I am stopped for DUI in Nebraska?
Do not provide any information to the police other than your name, address, driver's license, and vehicle information. The police officer will ask you if you have been drinking. You do not have to answer this question. Politely but firmly decline to answer.
Do not admit to anything. Anything you say to a police officer can and will be used against you in court. The best practice is to remain silent. Do not make the officer's job easier by admitting to drinking. Some people believe that if they tell the police that they only had "a couple" of beers that the police will let them go. The fact of the matter is that the police won't believe you if you tell them you only had a couple of beers.
Do not perform field sobriety tests (FSTs). Standard FSTs in Nebraska are the one-leg stand, the walk-and-turn, the Romberg balance test, and the horizontal gaze nystagmus (HGN). You are not required under Nebraska law to perform any of these FSTs, and you cannot be arrested for refusing to do them. Again, simply tell the officer that you do not want to do the tests. In most cases, the officer will respect your request.
Request independent sample of your breath or blood. You have the right in Nebraska to have an independent test done of your blood or breath.
Ask to speak to an attorney immediately. Always ask to speak to an attorney. Your request will probably be denied, but asking for one puts the police on notice that you are standing on your rights.
Should you submit to a breath or blood test?
If you are arrested for DUI, you will be asked to provide a sample of your blood or breath for testing. As a general rule, if it is your first DUI, you should submit to a test. Refusing to do so can have the same consequences as a DUI conviction, and it is easier to prove a refusal than it is to prove a DUI. In addition, if you refuse to submit to a test, the DMV will revoke your license for one year. If you have prior DUI convictions, or if you suspect that your blood alcohol content will be over .15, you may have nothing to lose by refusing to submit.
Free Attorney Consultation
If you or someone you know has been charged with a crime in Lincoln or anywhere in Nebraska, call me, defense lawyer Kevin J. Oursland, at (402) 817-1253, toll free (866) 402-8519, or fill out the contact form on this site. Your initial half-hour consultation is free.
