Most of the time, an officer looks for traffic violations before pulling a driver over. Once the officer comes into contact with the driver, he or she looks for signs of impairment. If the driver seems to be impaired, the officer may ask the person to take a field sobriety test and/or a breathalyzer.
If you have any questions regarding Omaha DUI stops and your rights, call today. A seasoned DUI lawyer from the Berry Law Firm could help you understand your legal options and how to fight against DUI charges.
Process of a DUI Stop
The process of a DUI stop in Omaha begins when an officer stops and pulls over another driver. The officer may tell the driver why he or she is stopping the individual. The officer will ask for the person’s driver’s license, proof of registration, and proof of insurance. If the officer believes a driver may be under the influence, he or she asks the driver if the individual has been drinking.
The law enforcement officer looks at the driver’s eyes to see if they are bloodshot and listens to the person’s speech to determine whether it is slurred. The police officer may ask the person where he or she is coming from, whether he or she was drinking, and how much he or she had to drink.
If the officer suspects a driver is under the influence, the officer asks the person to do a field sobriety test. If the driver fails the field sobriety test, the officer asks the person to do a breath analysis. Once the officer determines impairment, he or she arrests the driver for a DUI.
Vehicle Searches at a DUI Stop
In some Omaha DUI stops, the officer may ask permission from the driver to search the vehicle if he or she has probable cause to believe there is evidence of a crime in the vehicle. It is important to know that once a person is arrested for a DUI, the officer can search the individual’s vehicle because it is likely going to be impounded. Consult with a knowledgeable lawyer for more information.
What is Implied Consent?
Implied consent law states that because driving on public roads and highways is a privilege and not a right, drivers must consent to a breath or blood test. By having a driver’s license, a driver agrees that if an officer has probable cause or if an officer requests, he or she can do a breath analysis if the driver is suspected of a DUI.
A driver who is lawfully arrested for DUI must submit to chemical testing of blood or breath under Nebraska’s implied consent law. If the driver refuses, he or she can be charged with refusal and his or her driver’s license is revoked. When someone is charged with a refusal, that charge is in addition to the DUI charge.
If someone refuses a breath test and is not found to be under the influence, he or she still has the refusal charge. That charge does not disappear just because the DUI goes away.
Mistakes to Avoid at a DUI Stop
The three biggest mistakes to avoid in a DUI stop in Omaha are:
- Lying to the police officer
- Not complying with the officer’s request
- Refusing any of the tests
Making one of these mistakes will only make the person’s case more challenging to defend.
Rights During an Omaha DUI Stop
A person has all of his or her constitutional rights during Omaha DUI stops, but they are temporarily detained and are not allowed to leave. During and immediately after a DUI arrest, a person has tthe right to remain silent, the right to an attorney, and protection against search and seizure.
The only time Miranda rights apply is when the driver gives a statement. The DUI is still legal even if the Miranda rights are not given.
When a driver is pulled over for a DUI stop, he or she can ask to speak to a lawyer at any point. However, the law enforcement officer is not required to grant their request until the person is arrested and taken to the police station.