Challenging the DUI Evidence
Experienced DUI Defense Lawyers in Omaha & Lincoln
Under the law, you are not guilty of DUI when you “fail” a
field sobriety test or Breathalyzer test. You are not guilty of anything
unless you enter a plea or you are convicted at trial.
The Berry Law Firm thoroughly examines the circumstances of your drunk
driving arrest to explore your possible defenses. We aggressively challenge
DUI charges, especially when the harsh consequences of a conviction leave
Contact our proven criminal defense lawyers to protect your rights. We have helped
clients across Nebraska beat DUI charges or mitigate the punishment by
aggressively challenging the prosecution’s case.
The Best Defenses for DUI in Nebraska
Tougher laws have made it more difficult to fight a DUI, yet there are
many legitimate defenses:
- The traffic stop — What was the real reason for the stop? Did the
officer have probable cause to believe a traffic violation had taken place
or reasonable suspicion that criminal activity was afoot?
Field sobriety tests — The Standardized Field Sobriety Tests can
detect an impairment to a reasonable degree, but only when properly administered.
The three standard tests are the Walk-and-Turn, One-Leg Stand and the
Horizontal Gaze Nystagmus (HGN) test. DUI attorneyChad Wythers is trained and certified to administer field sobriety tests (FSTs) used
by police. He understands the many factors that can affect performance.
- “Breathalyzer” results — The Intoxilyzer 5000 or Datamaster
machines used by Nebraska law enforcement are not infallible. They must
be properly calibrated and carefully administered. Even when used correctly,
the margin of error for blood-alcohol content (BAC) is as high as 30 percent
according to some forensic toxicologists. We commonly recommend our clients
hire toxicology experts to dispute the test results, especially when the
BAC reading is “on the bubble” of .08 (DUI) or .15 (enhanced charges).
- Squad car video — Dash-mounted cameras can contradict the officer’s
written reports or testimony. More importantly they provide an accurate
record of what actually happened. The video may show that the officer
improperly administered the field sobriety tests or that contrary to the
officer’s opinion, the defendant did not display the signs of impairment
that the officer reported.
- Arrest, search and seizure — We examine whether the law enforcement
violated your constitutional protections in stopping your car, making
the arrest, ignoring your requests for an attorney or denying your request
for an additional chemical test.
Challenging the DUI Evidence and Breath Test in Nebraska
These are just some of the ways we have successfully challenged DUI arrests.
We exhaust every defense to spare you from jail, loss of license, a criminal
record and the other consequences.
The Berry Law Firm welcomes misdemeanor or felony DUI cases. Call (402) 817-6550 or
contact us online. We have offices in both Lincoln & Omaha.