Defenses to a DUI in Omaha

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DEFENSES TO A DUI
in Omaha
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WHY A CONVICTION MATTERS
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Collectively, the judicial and non-judicial
ramifications of a DUI conviction can be
far-reaching and long-lasting and may include
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Period of incarceration
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Lengthy probation
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Loss of driving privileges
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Installation of ignition interlock device, or IID
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Court costs and fines
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Increased car insurance premiums for several years
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Disciplinary action if you hold a professional
license
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Substantial out of pocket costs associated with
probation fees, mandatory counseling or treatment
costs, using alternative transportation during
your license revocation period, and installing
and monitoring the IID device
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Lost employment opportunities
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Negative impact on visitation with minor children
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THE PROSECUTOR HASNT ALREADY WON
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Both the law enforcement officer who arrested you
and the prosecuting attorney would like you to
believe that your conviction is a done deal
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The prosecutor may try and convince you to accept
a plea agreement by suggesting that there is more
than enough evidence to convict you
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Often, however, there are defenses that could
prevent a conviction something the prosecutor
doesnt want you to know
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Common Defenses
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Only an experienced Omaha DUI attorney can
evaluate the specific facts and circumstances of
your stop and arrest to determine what defense
options you have
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However, there are some commonly utilized
defenses, including
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a
Challenging the stop
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If the officer did not have probable cause to
stop you in the first place any evidence obtained
from the stop is inadmissible at trial
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b
FSTs are far from accurate
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During your stop you were likely required to
perform a series of field sobriety tests, or FSTs
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Some officers, however, do not administer the
tests properly nor do they properly interpret the
results
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c
Breath tests arent accurate either
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You are probably under the impression that a
breathalyzer provides an accurate measure of your
blood alcohol concentration, or BAC, level
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Even assuming that the machine has been properly
calibrated recently and the test operator
administers the test correctly, there are still a
number of factors that can cause inaccurate
results
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d
Rising alcohol level defense
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If you took a breath test before you actually
reached your peak absorption rate the results of
the test could have produced a false result,
indicating that your BAC was higher than it
actually was when you were operating your vehicle
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The chain of custody might have been broken
e
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When physical evidence is gathered in a criminal
case the evidence must be properly stored and
guarded to prevent loss or contamination
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If the chain of custody is broken, the evidence
may be inadmissible at trial
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The officer might be your best witness
d
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By the time your case makes it to trial the
officer will likely remember few details about
the stop
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Typically, they rely on boilerplate testimony
about your appearance and behavior
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The more incorrect or inconsistent testimony your
attorney can elicit from the officer the less
reliable the officers testimony becomes
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LEARN MORE ABOUT DUI DEFENSES IN OMAHA
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Click to visit www.duiattorneysomaha.com 402-513-
2180
Click to visit www.duiattorneysomaha.com 402-513-
2180