 |
 |
|
| "Contact an Nebraska Driving Under the Influence (alcohol, meth, methamphetamine, heroin and marijuana) parole or probation violation lawyer representing clients in Bridgeport, Nebraska today to schedule your initial consultation." |
|
THE ARREST
An investigation for driving while under the influence consists of several phases. The
officer’s observation of the vehicle, the officer’s observation of the driver and the officer’s administration of field sobriety tests. Many contacts with a driver is made after a routine traffic
stop. The officer will smell alcohol, and will immediately escalate the citizen contact into a
driving while under the influence investigation. An attorney qualified to handle a driving while
under the influence will be able to examine the officer’s actions and lack of difficulties in driving
to demonstrate the driver was not under the influence.
After the officer has made the stop of the driver, the officer will then commence the
second phase of the driving while under the influence investigation. The officer is trained to
look for the existence of number of observations to help form an opinion of whether to arrest the
motorist. The officer will only look for facts that demonstrate a person could be intoxicated and
will not consider the absence of all the other facts in making the arrest decision. Once again, a
qualified attorney can point out problems and facts the officer overlooked. Many times, the
officer’s opinion is incorrect, and unless the driver has someone on their side, this information is
overlooked.
Finally, after making the observations, the officer will move to the third phase, pre-arrest
screening. During the pre-arrest screening, the officer will generally administer Standard Field
Sobriety Tests. The Standardized test are the Horizontal Gaze Nystagmus, the Walk and Turn,
and the One Leg Stand Test. These test were never developed to determine impairment, but
were developed to help the officer make an arrest decision. An arrest decision is approximately
a 10-15% chance that the crime occurred.
In Nebraska, a driver is not required to perform the standardized test. These standardized
test were developed to put the driver in an awkward and unnatural position. All of these tests
have specific administration and evaluation standards. Many times the officer does not follow
these standards. Due to the problems in the administration of these tests, it is necessary for an
attorney who is familiar with the type of training the officer has to examine if the test were
conducted and evaluated properly, as well as, if the officer was legally allowed to request the test
in the first place.
The officer who evaluates this test will not consider all the things the driver did right.
The officer will only look for the things that were done wrong. Once the officer has collected all
the information of what the driver did incorrectly, the officer will an arrest and request a blood,
breath or urine test. |
| RETURN TO TOP |
| If you would like to schedule a initial consultation contact an Nebraska drunk driving / DUI / OWI attorney, representing clients in Bridgeport, Nebraska at the Island & Huff. Give us a call at (866) 635-4900 or complete our inquiry form. |
|
|
|
