June 28, 2022 | DUI

Being arrested for a DUI in Omaha can be a scary experience. This is especially since DUI charges are taken quite seriously in Nebraska. Whether you or a person you love has been arrested and charged with DUI, it is important to understand the DUI process so you will know what to expect.

The DUI Process in Omaha, Nebraska

If you or your loved one has never been charged with a DUI before, you probably are not familiar with the DUI process in Omaha, Nebraska. It is a crime in Nebraska to operate or be in control of a motor vehicle when under the influence of alcohol or drugs. You will be charged with a DUI if your blood alcohol content (BAC) is 0.08% or more. The DUI process in Omaha Nebraska is as follows.

1. The stop

In Omaha, the first step in the DUI process is the stop. An officer from the Nebraska State Patrol or the Omaha Police Department may stop your car and ask you to perform a field sobriety test. This may include taking a preliminary breath test, walking in a straight line or standing on one leg. The officer must have reasonable grounds to administer the test.

By driving in Nebraska, you are deemed to have consented to laws requiring you to take tests to measure blood alcohol levels. These include blood, urine and breath tests. Refusal to submit to the preliminary test can lead to arrest. It is a Class V misdemeanor that attracts a $100 fine.

2. The arrest

If you fail the field test or refuse to take the field test, the officer will arrest you. With other crimes, the arrest is made after investigations and obtaining evidence to show that you may have committed the alleged crime. However, with a DUI, the arrest can be made prior to investigations of the alleged crime.

3. Arraignment

Depending on the circumstances of your case and arrest, you will be released and issued with a ticket. The ticket will show you the date of your arraignment. You will then be released.

In more serious cases, you will have to appear in court within 48 hours of the arrest. A judge will bond and then release you from custody. The judge will also issue you with a date for your arraignment.

You will have to appear at your arraignment. During this process the judge will explain your charges to you. They will also explain what options you have and your rights. You will then be asked to enter your plea.

4. Discovery

In this stage, the prosecution and the defense are given time to seek evidence to support their case. Both parties exchange information and evidence with each other. This stage is important in building your case. Representation by an experienced attorney is especially important in this stage. Your attorney will know how to go about recovering evidence. They will build a strong case on your behalf.

5. Negotiations

You will have the opportunity to negotiate with the prosecution for a plea deal. This is an agreement that will require you to plead guilty to the DUI charges. In exchange, the prosecution will offer you a lighter sentence, decreased charges or other benefits.

It is also beneficial to have an experienced attorney representing you at this stage. An attorney will have experience in negotiating with the prosecution. They will get you the best possible for your case. If your attorney has adequate evidence, they may even get your case dropped.

6. Trial

If you are not able to have your case resolved in the negotiation stage, it will proceed to trial. Depending on your case and preferences, you may only have a judge or a judge and jury present to listen to the proceedings. An attorney will advise you on the best options for your case.

During the trial, your attorney will present your case to the court. They will present evidence, examine witnesses and fight to get you the best outcome. The judge or jury will make a decision that will determine whether you will be convicted with DUI or not. If you do not agree with the decision, you can seek the help of your attorney to file an appeal.

Getting the Help You Need with a DUI

While the law in Nebraska does not require you to have professional legal representation, it is advisable that you hire an experienced attorney.  A DUI conviction in Nebraska can have a far-reaching impact on your life. For example your car insurance rates will be very high and you may find it difficult to secure employment or housing because of having a criminal record.

An attorney that has experience and understands the law will fight to prevent you from being convicted. They will help to protect your future.

Find a DUI Attorney Omaha – Call us at 402-933-3345 for confidential help.