A Nebraska DUI Stop - Knowing What to Expect

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A NEBRASKA DUI STOP
Knowing What to Expect
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WHEN CAN YOU BE STOPPED?
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The Fourth Amendment to The U.S. Constitution
contains your right against unreasonable
searches and seizures
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Decades ago SCOTUS decided that a warrant is not
required to conduct a search of a vehicle
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In Nebraska, an officer must have reasonable
suspicion in order to make a legal stop and
search of your vehicle
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FIELD SOBRIETY TESTS
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The most commonly used FSTs are those that have
been approved by the National Highway Traffic
Safety Administration, or NHTSA, and include
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a
Horizontal gaze nystagmus test
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Often referred to as the HGN test, in this test
the officer will use an object (often a pen) and
move it from side to side in front of your face
while you follow it with your eyes only
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The officer is looking for nystagmus which is in
involuntary bouncing or twitching of the eye
that commonly occurs when under the influence of
alcohol
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b
One-leg stand
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For this test you are required to stand on one
leg with the other leg pulled up about six inches
while counting out loud to thirty
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Your arms cannot be used for balance
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b
Walk and turn
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This test requires you to walk a straight line
heel to toe for nine steps
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After step nine you pivot and return along the
same line
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Again, your arms cannot be used for balance
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c
Breath or Blood Tests
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A motorist gives his or her implied consent
for a breath, blood, or urine test by obtaining
a Nebraska drivers license
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You can refuse a breathalyzer but your license
will be impounded for 90 days by the Court and
revoked for 1 year by the DMV for a first refusal
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These penalties are in addition to any other
penalties the court orders if you are ultimately
found guilty of dui
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A Breath or Blood Test determines your blood
alcohol content, or BAC
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It is illegal to drive with a BAC of 0.08 or
above
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DEFENSES TO A DUI ARREST
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There are numerous opportunities to challenge the
procedures used in a DUI stop and arrests
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1
Much of what forms the basis for a DUI stop and
arrest is subjective
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Results of the FSTs are subjective
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Breathalyzer machine can be calibrated wrong
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LEARN MORE ABOUT DUI STOP IN OMAHA NEBRASKA
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Click to visit www.duiattorneysomaha.com 402-513-
2180
Click to visit www.duiattorneysomaha.com 402-513-
2180