March 15, 2018 | DUI, General, Law Enforcement

Written by: Frank Younes 

So, you’ve been arrested for driving under the influence.

You are not alone! In 2016 there were 7,425 arrests for driving under the influence, which accounts for 10.3878% of all arrests that year. What many people do not realize until after they have been arrested, (and many times too late,) is that a DUI has 2 separate actions: an administrative action regarding the status of your license before the Nebraska Department of Motor Vehicles, and a separate criminal action before the Court for the county in which you were arrested.

To appeal the automatic license revocation by the Nebraska Department of Motor Vehicles, you must submit a request for hearing within 10 days of your DUI arrest. This date is far before your criminal arrangement, and often times before people think to speak to an attorney. If you fail to request this hearing within that time, it is possible that your license may be revoked regardless of the validity of your arrest, and outcome of your criminal case.

Administratively, you have 2 options. The first is to request a hearing and contest your license revocation based on the belief the DUI is invalid. However, if you choose this route and lose at the administrative hearing, you will not be eligible for the Ignition Interlock Permit which allows you to keep driving following the license revocation with the installation of an Ignition Interlock device on your vehicle. The second is the option to waive the administrative hearing and file and obtain the Ignition Interlock Permit. If you choose this option you will have to have a licensed company install the device on your vehicle. (By the way, if you do choose this option, the office of High & Younes has coupons for free installation and one-month free service to help defray the cost of the Ignition Interlock device.) The length of license revocation and wait time to obtain the Ignition Interlock permit can vary depending on the offense you are charged with.

The first thing most people think about when they are arrested for DUI is the criminal case, and the repercussions beyond just not being able to drive for a period. If guilty, you could be facing jail time, fines, probations, court costs, and additional fees. The Judge can further order you to attend Alcoholics Anonymous or take other courses such as a Victim Impact Panel and Alcohol Education Course.

When evaluating the validity of a DUI arrest we must look at several factors. 1. Whether the stop was valid, 2. Whether the expansion of the scope of the stop into a DUI investigation was proper, and 3. Whether probable cause existed to arrest you.

First: If the officer observes you have violated a traffic law of any type, regardless of how minor, you must be properly stopped. Common traffic violations that our office observes leading up to a DUI arrest is failure to use your blinker, swerving, crossing the center line, non-use of turning signal, improper turn where you do not turn into the closest lane, speeding, and not coming to a complete stop at a stop light.

Second: After you have been stopped, the officer has to have reasonable suspicion to expand the scope of the stop from just a traffic stop to a full-blown DUI investigation. Many reasons officers site when giving their basis to expand the scope of the stop include: slurred speech, blood shot eyes, smelling the odor of alcohol coming from the vehicle or person, individuals admitting that they had been consuming alcohol that evening, and apprehensive behavior. Any of these reasons or combination thereof can be sufficient to expand the scope of the stop. Once the officers have begun the DUI investigation will ask you to perform various field sobriety tests the purpose of which is to find indicators of intoxication in your failure to complete the tasks perfectly as instructed. Some tests that you may be asked to perform include the Nystagmus eye test, walk and turn, standing on one leg, touching your nose, counting, and even saying parts of the alphabet either forward or backward.

Please note, that the sole purpose of these tests is to prove that you are intoxicated and provide sufficient probable cause to arrest you, it is not to prove that you are sober. Furthermore, you are not obligated to answer any questions or perform any of the field sobriety tests and performing them will not help you get off a DUI, it will only help give the officer a further basis to find probable cause to arrest you.

The officers may also ask you to submit to a preliminary breath test. To request this test of you, the officer must have reasonable suspicion to believe you were operating the motor vehicle while intoxicated. If you refuse to submit to the preliminary breath test you may be charged with a separate crime of “refusal”, which carries similar punishment as a DUI. You could also still be charged with a DUI based on the officers’ observations without a blood alcohol content test.

Depending on the results of the preliminary breath test, you may be placed under arrest and taken to a police station where your blood alcohol content will be further tested with a more reliable instrument. In the State of Nebraska some jurisdictions use the Intoxilyzer machine and others still obtain a blood alcohol content by blood draw at the local hospital or clinic. Again, you are not obligated to submit to these tests, but if you refuse you may still be charged with the crime of refusal.

Finally, based on a review the DUI investigation we must determine whether probable cause existed to arrest you. As attorneys working with the criminal justice system we can conduct discovery and obtain the officers reports and videos of the DUI stop. Based on the video, and on reports we can determine if the stop was proper, expansion of the stop was based on reasonable suspicion, and that probable cause existed for the DUI arrest. With the trained eye of an attorney we can determine if your arrest was proper and help you either beat a DUI charge or work out the best deal possible.

If you are reading this looking for advice about what to do in the event you are pulled over: don’t volunteer any information! 

Regardless of the situation, always be courteous to law enforcement. And remember, it’s easy to just call a taxi, Lyft, Uber, or friend for a ride.

If you or someone you know have recently been charged with a DUI and need, help don’t hesitate to contact the law firm of High & Younes at 402-933-3345 or visit contact us through our website www.hyattorneys.com. Consultations are welcome, and always free!

About the Author: Frank Younes

Frank Younes is a Nebraska native who earned his Juris Doctor from Creighton University School of Law. Prior to that he obtained a Bachelors of Science in Business Administration. The combination of these types of education has provided him with a sharpened focus on applying his legal education to the business world. While attending law school he gained additional legal experience working as a law clerk in the District Court, where he assisted the District Court Judges in determining the outcomes of various types of cases. He then went on to be mentored by one of the most respected members of the Omaha legal community. Frank’s business acumen and expertise is highly regarded by those with whom he has worked.

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