There are three types of tests that officers may request. The officer may request a test of the driver’s blood, breath, or urine. The driver is not allowed to consult with an attorney prior to taking this test. However, the driver is allowed independent blood, breath, or urine test upon request. The officer may not interfere with this request. The most common test is a breath test. The breath testing devices used in Nebraska are the Intoxilizyer 5000 and the Datamaster CDM. Both of these devices rely on an inferred light to assist in making the determination. The infrared light passes through a chamber and at the other end the chamber has a detector. The detector looks for the decrease in light and then multiplies its findings from a sample amount of a packet of sweet and low to an amount of a 55-gallon drum. These devices attempt to correlate blood with breath. Due to these types of errors, the machine is programmed to routinely improperly inflate a driver’s breath test.
As a driver is faced with serious consequences, they must seek out a person who is familiar with how the testing process works so it can be determined if the machine was working properly, if the result was improperly inflated, and if the result is reliable. Many times a driver is faced with a blood test. Once again, due to issues of how alcohol is absorbed and how the human body reacts, the test may be incorrect. The collection of the blood may be improper or contaminated, or may not be properly preserved while in transit or storage which results in unreliable results. In order to ensure these problems have not occurred, the driver needs an attorney familiar with these issues to protect the client from an improper conviction.
Finally, a urine test may be requested. Generally, this test is requested in driving while under the influence of drug cases. This test is the most unreliable as it tests a substance the body is trying to void. This information is generally hours or days old. An attorney can explain these problems and show why the driver is not under the influence.
If you’re facing a DUI charge, you need someone with experience to help you. At Island Law Office, PC, LLO, we have the only attorney in Western Nebraska who is a Member of the National College for DUI Defense. At Island Law Office, PC, LLO, we understand the science and common mistakes made in a DUI investigation. When you’re faced with a DUI and the loss of your license, you need someone who understands the charge. You need Island Law Office, PC, LLO.
Bell Island is a graduate of the University of Nebraska College of Law and has lived in Scotts Bluff County since 1994. Bell started in the Scotts Bluff County Public Defender's office and opened his own practice in 1999. Bell continues to represent clients in the areas of Criminal Law, DUI, Divorce and Family law, and Probate, matters. Read More
For even the most seasoned attorney admitted to practice in the State of Nebraska, defending DUI cases has always presented special challenges. Today mounting a successful defense is more difficult than ever. Now you have the advantage with Nebraska DUI Defense: The Law and Practice. This text and supplementary DVD contain the most important information to help you attain a successful verdict.
Written by Bell Island and James Nesci, both members of the National College for DUI Defense, Nebraska DUI Defense: The Law and Practice ensures that you understand the chemical, biological and technological concepts and issues underlying DUI prosecution and defense in the State of Nebraska. The authors provide the most up-to-date information available on key areas of DUI law in Nebraska including DUI Investigations, Driving and Field Sobriety Testing, Drug Recognition, Evaluation and Chemical Testing, Blood Alcohol Calculations, Pre-trial Investigations and Motions, Practice, Plea Offers, and Agreements, DUI Trial Procedures, and more. Read More
If you would like to schedule an initial consultation contact a Nebraska drunk driving / DUI / DWI attorney, representing clients in Kimball, Nebraska at the Island Law Office, PC, LLO. Give us a call at (308) 633-4040.