The DUI law provides that the DMV can administratively suspend the driving privileges of anyone arrested for DUI. This will happen automatically following arrest for drunk driving, unless a DMV Hearing request is tendered within 10 days of arrest. This is just one of the reasons it is so important to contact qualified DUI defense lawyer, as soon as possible following a DUI arrest.

Fowler & Kelly Law, LLP

1904 Farnam Street, STE 101
Omaha, NE 68102
Phone: (402) 455-1711
Fax: (402) 408-6576

Omaha DUI Attorney

DUI Frequently Asked Questions

Q: To be found guilty of a DUI do I have to be 'drunk'?

A: No, DUI laws have changed a lot over the last 10 years because of pressure by the public to stiffen laws due to deaths caused by drunk drivers. "Intoxication" is a much broader term than it used to be. It doesn't take as much to be considered 'intoxicated' as it used to. You may not consider yourself to be drunk, and people that you are with may believe you are sober. But, the possibility of a DUI arrest exists with even the slightest amount of alcohol or drugs in your system. A DUI conviction will carry with it some unforgiving penalties.

Q: Technically, what is drunk driving?

A: A DWI (driving while intoxicated), DUI (driving under the influence) or any other type of drunk driving offense can be defined in several ways: 1. Having any quantity of alcohol in your system that physically impairs you in any way. 2. Having a BAC (blood-alcohol-content) of .08 or more. Even if you aren't physically impaired from the alcohol, you have committed a crime. 3. Driving while impaired in any way from drugs, alcohol, or a combination of both.

Q: How much do I have to drink to reach a BAC of .08 or higher?

A: This depends on your weight, the amount of drinks you have, and the period of time that you are consuming alcohol. Click on this link to use our BAC calculator.

Q: What gives law enforcement the right to pull me over to see if I am driving while intoxicated?

A: All the officer needs is what's referred to as 'reasonable suspicion' that you may be impaired. This could be just about anything the officer observes you do that he or she considers unusual. This could include everything from a sudden lane change, to wandering off to the side of your lane, not using a blinker, unnecessary braking, or driving over the speed limit. Stops at DUI sobriety checkpoints do not require reasonable suspicion for questioning and investigation.

Q: What will happen if I am stopped by an officer under DUI suspicion?

A: If stopped by law enforcement under suspicion of drunk driving, the most important thing you can do is be polite and cooperate with the officer, even if you think you did not deserve to be pulled over. The officer will likely appreciate your cooperation and your chances at a favorable outcome will be increased. Even if you are arrested, it is in your best interest to remain respectful and cooperative.

Q: What if the offer who stopped me thinks I may be under the influence of alcohol or drugs?

A: You will most likely be asked to step out of the car and perform a field sobriety test. These tests are conducted on site, usually on the side of the road where you have been pulled over. There are numerous tests that officers can administer that will give them an idea of your level of physical impairment. You may be asked to walk a certain number of paces in a straight line toe-to-toe and then turn around and come back in the same fashion. Another popular field sobriety test is having the subject close their eyes, tilt their head back, and touch their index fingers to their nose. Some officers have a pen light that they will move from side to side and ask you to follow it with your peripheral vision (keeping your head straight). If you have any health problems that could affect your performance, it is very important to notify the officer.

Q: What if the police officer thinks I failed to perform the field sobriety tests to their standards?

A: This is when you will be arrested for DUI. The officer will read you your rights, put hand cuffs on you, search you and place you in the back seat of the squad car. You will be taken to jail and may have to take further tests. You may be able to bail out, or the judge may let you out on your own recognizance. Depending on your level of intoxication, the jail can keep you until they think the alcohol or drugs have worn off enough for you to be safe in public. If you are taken to jail, remain respectful and reasonable with everyone you come into contact with. Acting belligerent or arguing will only make things harder on you.

Q: What's a blood-alcohol test?

A: This the most accurate way for law enforcement to see how much alcohol is really in your system. Testing can be done by taking a blood sample, a urine sample, or blowing into a 'breathalyzer' to measure your BAC. You could be asked to blow into it two or three times to get an accurate reading. The blood test holds the most validity in court because it is considered to be the most accurate of all three. Legally, you don't have the right to refuse taking any test. In the event that you do refuse, your driving privileges will be suspended for a year. Then when you are in trial, the judge will tell the jury that your refusal can be used as evidence that you are guilty.

Q: What test should I take?

A: The urine test is the least accurate of all three. This is because if it has been a significant amount of time between your last drink and the test, your urine could contain more alcohol than your blood does at that time. Another disadvantaged testing situation would be if you took the breath test shortly after consuming alcohol. The amount of alcohol in your mouth can be higher than what is actually in your blood. The breath test is also the only one of the three that will not show drug use. You must be tested within three hours of being stopped for the results to be allowed in court.

Q: If convicted of a DUI, what penalties can I face?

A: DUI penalties are more severe now than they ever have been. The maximum sentence for a first DUI is as follows:

The penalties for additional convictions become far more serious, and can include the loss of your license for several years and prison time- not to mention the additional money you will have to pay for auto insurance.