Is It Worth Hiring An Attorney For A DUI Charge in Omaha

You can learn how to do plenty of things by yourself, but working your way through a DUI charge isn’t one of them. When you’re facing a DUI charge, you don’t have time to waste figuring out how to defend yourself. Knowing the law isn’t enough.

There is more to your case than meets the eye. For example, a DUI attorney will have the experience of noticing patterns in the way judges grant and dismiss certain motions in DUI cases. Not all judges make the same decisions for the same reasons. A lawyer who has represented hundreds of DUI cases will know the patterns judges tend to follow, which gives your case an advantage you wouldn’t have on your own.

An attorney will also know what types of evidence are taken more seriously, and what evidence can and can’t be presented in court. Sometimes evidence seems credible or admissible, but isn’t. A DUI lawyer won’t make the mistake of trying to present evidence that isn’t admissible or credible.

It’s relatively easy to learn and memorize the laws governing blood, breath, and urine tests. For example, results obtained from portable breathalyzers used by police on the side of the road are generally inadmissible as evidence. A little research reveals that these tests are designed to establish probable cause for your arrest. In most cases, the only breath test admissible as evidence during a trial is the one given at the police station. However, knowing this information  isn’t enough if you’re going to try representing yourself.

DUI attorneys are trained on the science behind chemical tests and understand how they work. They know exactly what to look for and what questions to ask to make sure a test was administered properly. They can also spot questionable results and know how to pursue claims that a chemical test result was inaccurate.

A DUI lawyer knows there are many false positives that can show up in chemical tests. For example, anything that chemically resembles alcohol can show up as alcohol, including medications, a variety of foods, breath fresheners, perfumes, and even non-alcoholic beverages. People with certain medical conditions can also be wrongly accused of driving under the influence of alcohol based on inaccurate breathalyzer results.

A chemical test needs to be performed accurately to produce reliable results. Several factors contribute to a test’s reliability including machine maintenance and calibration, properly trained staff members, accurate observation, and measures to prevent contamination.

When any of those factors are questionable, a DUI attorney knows exactly how to challenge the evidence and/or have that evidence suppressed so it can’t be used against you. For example, say you submitted to a blood test. If there are gaps in the chain of custody, a lawyer can request the test results to be excluded as evidence on the grounds of potential contamination.

Without a lawyer, you won’t know what you can and can’t ask to be dismissed, nor what questions to ask to verify the validity of test results.

Another issue in Omaha is the validity of certification for machines used to administer breath tests in jails. Since these tests are admissible in court, it’s critical they be in working order.

To certify a machine is working properly, a “known solution” is put into the machine and tested. However, there are concerns because the person signing off on the machines isn’t always the person who tested it. If you submitted to a breathalyzer test while in jail, the certification of the machine is another aspect of your case your DUI attorney can challenge in court.

Many people successfully have their DUI charges reduced to an infraction like reckless driving with alcohol. Without legal representation, it’s nearly impossible to get DUI charges reduced. If your DUI attorney gets your charge reduced, you’ll save thousands of dollars in fines, fees, and classes.

Winning a DUI case involves more than just proving you weren’t under the influence, or your test results were inaccurate. Many DUI cases are won by proving law enforcement did not follow their legal obligations at one of many steps along the way.

A DUI lawyer thoroughly understands your rights under the U.S. Constitution, including your rights not to be subjected to unreasonable searches and seizures. Your attorney will dive right in and find out if law enforcement had the right to stop you in the first place. The officer who pulled you over will need to prove they had probable cause to pull you over for a suspected DUI. If the officer stopped you for something unrelated to a DUI, and then asked you to take some field sobriety tests, your attorney might be able to get your case dismissed.

If you took a roadside breathalyzer for the police to establish probable cause, the prosecution will need to prove the machine was working properly and had been calibrated according to Omaha law. They’ll also need to prove the officer who administrated the test was properly trained, and that all tests were administered in accordance with city and state laws.

Without a lawyer, attempting to prove proper training and administration will be nearly impossible. Doing so requires first-hand experience in the court room.

You may have declined to take field sobriety tests including a breathalyzer. You may have also refused to consent to a blood test, but were coerced into it.

A DUI lawyer will know that in 2016, a U.S. Supreme Court ruling determined that a search warrant must be acquired to have someone’s blood drawn when they don’t consent to a blood test. This means an arresting officer will need to drive to a judge’s home no matter how late it is, to obtain a warrant before taking a suspect to a hospital to get a blood draw.

If you didn’t consent to a blood test, were forced to give a sample and no warrant was provided, your lawyer will know exactly how to present this information to the court to get the test results thrown out. Doing so could make or break your case.

Don’t make the mistake of thinking you’ll be able to get DUI charges dismissed without legal representation. If you know someone who got their charges dropped and you think your situation is identical, don’t be so sure. There are always additional circumstances surrounding a DUI case that go beyond the surface. There are many ambiguities in the law that only a lawyer can understand.

Don’t waste any more time. Contact a DUI attorney today and get experienced help.