Drinking and driving is never a good idea. The consequences of choosing to do it can turn your world and the worlds of innocent people upside down.
If you get pulled over for drinking and driving in Nebraska, there will be a criminal process where you will face financial penalties and possible jail penalties. There will also be a separate Department of Motor Vehicles process that will deal with your ability to keep your driver’s license. This series of articles will cover both processes.
The dreaded flashing police lights – it’s how most DUI’s start – the traffic stop, and citation or arrest. If the Nebraska Highway Patrol pulls you over, you’re going to be arrested, no matter what county you’re in.
If, on the other hand, you’re pulled over by Omaha Police or Douglas County Sheriff, you will probably be ticketed and released. They do arrest in some circumstances, however.
Now’s the Time to Get a Lawyer
Get a lawyer right away. Don’t wait until you’ve made statements to the police that could hurt your case.
When the stop happens, as I’ve said in past DUI blog articles, you have the right to keep your mouth shut – so keep your mouth shut. Don’t make any statements that could be used against you. That means don’t answer questions. The officer may still give you a ticket or arrest you, but you won’t be giving them any more evidence to use at trial.
Call a lawyer who knows Nebraska DUI law immediately to help you through the rest of the criminal and DMV process.
Arraignment and Bond
Next in the criminal DUI process is arraignment and bond. If you’ve been charged with a felony DUI, you’ll be arraigned by a judge within a day or two. You’ll have a formal reading of the charges against you and will enter a plea of guilty, no contest or not guilty.
If you haven’t consulted with a lawyer who has advised you otherwise, it’s best to plead not guilty at your arraignment, not to make any statements to police or the judge, and GET A LAWYER RIGHT AWAY before you make any decisions or do anything that could affect the outcome of your case.
If you were arrested on a misdemeanor DUI, you can usually bond out right away without seeing a judge to have a bond set. If that happens, or if you were ticketed and released, you will go to court for your arraignment where you will likely plead not guilty.
This article should not be construed as legal advice. Situations are different and it’s impossible to provide legal advice for every situation without knowing the individual facts.