Omaha DUI Defense Attorney

Former Prosecutor & Police Officer Working for You in Douglas & Sarpy Counties

As in all states, Nebraska takes a hard line with drunk and/or drugged driving. If you have been arrested, you face a variety of penalties along with the collateral damage of a permanent criminal record. You may believe that fighting a DUI is a lost cause but that is negative thinking. Many defense strategies may be available that could result in a case dismissal or dropped charges. However, you will need the services of a knowledgeable and experienced attorney who knows how to investigate and challenge the evidence being used against you.

You can find a trusted Omaha DUI defense lawyer at Michael J. Fitzpatrick, Attorney at Law. Our lawyer uses his experience as a former police officer and prosecutor, as well as his many years as a defense lawyer, to deconstruct the state’s evidence in search of errors, flaws, and inconsistencies that could work on your behalf. You will always receive personalized legal service and our firm is committed to providing you with excellence in legal ability.

Phone us at (402) 809-5008 for a free case consultation or contact us online today.

What are Nebraska’s DUI Laws?

Under Nebraska DUI law, it is illegal to be in physical contact with a motor vehicle while impaired by alcohol or drugs. An arrest can be made for simply sitting in the driver’s seat with the keys in the ignition. The legal BAC limit is .08% for those over 21, and a first offense is a Class W misdemeanor.

A first-offense DUI is punishable by:

• Class W Misdemeanor
• 60 days in jail
• $500 fine
• 6 months license suspension

Second, third, and subsequent offenses are punished more severely with steeper fines, longer incarceration periods, longer license suspensions, and other court-ordered penalties and programs.

Field Sobriety Tests

If you are pulled over in Omaha for a suspected DUI, the officer is likely going to perform one the 3 Standardized Field Sobriety Tests (SFST):

• Horizontal Gaze Nystagmus (HGN) test - In this test the officer will observe the eyes of the person as they slowly move a pen or small object back and forth to look for indicators in each eye that the person is intoxicated.
• Walk-and-turn test - In this test, the officer instructs the person to take nine steps, touching heel-to-toe in a straight line and the return back.
• One-leg stand test - In this test, the officer instructs the person to stand with one foot off the ground and hold it for about 30 seconds or until told to put it down.

The goal of these field sobriety tests is to help the officer determine if the person in question is under the influence of drugs or alcohol. They are looking for signs such as not being able to keep their balance (hopping or swaying), starting before the instructions are finished or not following the instructions properly.

When facing a DUI arrest, it is imperative that you work with a firm with a solid reputation for protecting your rights. Michael J. Fitzpatrick, Attorney at Law has helped thousands of individuals seek positive results in all types of criminal matters since 2005. We also provide assistance with interlock devices.

Reach out to our firm at (402) 809-5008 to discuss your case today.