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    Add as FriendA Nebraska DUI Stop - Knowing What to Expect

    by: Tom

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    1 : A NEBRASKA DUI STOP Knowing What to Expect
    2 : WHEN CAN YOU BE STOPPED?
    3 : The Fourth Amendment to The U.S. Constitution contains your right against unreasonable searches and seizures
    4 : Decades ago SCOTUS decided that a warrant is not required to conduct a search of a vehicle
    5 : In Nebraska, an officer must have “reasonable suspicion” in order to make a legal stop and search of your vehicle
    6 : FIELD SOBRIETY TESTS
    7 : The most commonly used FSTs are those that have been approved by the National Highway Traffic Safety Administration, or NHTSA, and include:
    8 : Horizontal gaze nystagmus test a
    9 : Often referred to as the HGN test, in this test the officer will use an object (often a pen) and move it from side to side in front of your face while you follow it with your eyes only
    10 : The officer is looking for nystagmus which is in involuntary “bouncing” or “twitching” of the eye that commonly occurs when under the influence of alcohol
    11 : One-leg stand b
    12 : For this test you are required to stand on one leg with the other leg pulled up about six inches while counting out loud to thirty
    13 : Your arms cannot be used for balance
    14 : Walk and turn b
    15 : This test requires you to walk a straight line heel to toe for nine steps
    16 : After step nine you pivot and return along the same line
    17 : Again, your arms cannot be used for balance
    18 : Breath or Blood Tests c
    19 : A motorist gives his or her “implied consent” for a breath, blood, or urine test by obtaining a Nebraska driver’s license
    20 : You can refuse a breathalyzer but your license will be impounded for 90 days by the Court and revoked for 1 year by the DMV for a first refusal
    21 : These penalties are in addition to any other penalties the court orders if you are ultimately found guilty of dui
    22 : A Breath or Blood Test determines your blood alcohol content, or BAC
    23 : It is illegal to drive with a BAC of 0.08 or above
    24 : DEFENSES TO A DUI ARREST
    25 : There are numerous opportunities to challenge the procedures used in a DUI stop and arrests
    26 : Much of what forms the basis for a DUI stop and arrest is subjective 1 Results of the FSTs are subjective 2 Breathalyzer machine can be calibrated wrong 3
    27 : LEARN MORE ABOUT DUI STOP IN OMAHA NEBRASKA
    28 :

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