OmahaDUI.com » Robb Gage

Should i take the breath test?

admin — Thu, 02 Jul 2009 04:39:08 +0000

Yes, yes, a thousand times yes. In the past, many Omaha DUI drivers wondered whether taking a breathylzer test was in their interest. While there have been times in the past where a refusal may have been justified, recent legislative changes in relation to ignition interlock devices and license loss periods make blowing the right thing to do.

For instance, in Nebraska, DUI drivers who refuse the test can be denied ignition interlock licenses or receive longer suspension periods. Most significant to re-offenders who refuse is the denial of the ignition interlock device. In 2009, Nebraska changed the requirements for DUI punishments to include, for virtually every offender, ignition interlock device access. These devices significantly reduce the amount non-driving time an offender will have to suffer.

But, if a driver refuses, the court could deny access to the interlock device. If driving and lower penalties are important to the driver, refusal is not the best option.

Robb N. Gage

About the Author

Omaha DUI lawyer Robb N. Gage has represented Omaha DUI and Nebraska DUI drivers for many years. Employing technical analysis of the nuts and bolts of DUI prosecution is his trademark. To contact the author regarding an Omaha, Nebraska DUI arrest, please visit omahadui.com or call him at 402-498-2777.

Omaha DUI Recognized in Other States?

admin — Thu, 02 Jul 2009 04:38:10 +0000

Can you get a DUI in Omaha, Nebraska and be punished by another state’s DMV. Maybe, it depends how and whether the state recognizes The Interstate Driver’s License Compact. This agreement between 45 participating states to share information related to certain types of criminal or traffic convictions can affect the outcome of your Nebraska DUI. Basically, this agreement forces DMV’s to recognize other DMV’s decisions as to drivers who receive DUI, DWI, or Drunk Driving convictions. For example, if you receive a DUI, DWI, or Drunk Driving Offense in Omaha, Nebraska, the Nebraska DMV will share your conviction information with 45 other states and make getting a license in those states contingent on the Nebraska driver’s eligibility for reinstatement. Often times, the information shared relates to DUI, DWI, or Drunk Driving convictions. The Interstate Driver’s License Compact is an agreement between the 45 participating states to share information regarding certain types of convictions, including Drunk Driving (DUI and DWI) convictions.
Because of the Compact, any driver who has multi-state driving concerns and has received a DUI in Nebraska, Omaha, Douglas County should contact a lawyer who has experience dealing with Interstate Driver’s License Compact. Omaha DUI attorney Robb N. Gage, omahadui.com, 402-498-2777 has dealt with hundreds of dui cases and has the experience necessary to deal with multi-state concerns.

Omaha DUI Lawyers may argue source code

admin — Thu, 02 Jul 2009 04:36:28 +0000

June 30, 2009

Defense lawyers in Minnesota successfully argued that prosecutors should be forced to turn over source code information relating to the Intoxilyzer 5000 breath testing device. The device, used by law enforcement agencies all across America and in Omaha, Nebraska provides a driver’s B.A.C. (“Breath Alcohol Content”).

This federal decision could have wide sweeping consequences for dui offense in Omaha, Nebraska and across the state. In Omaha, DUI Defense Attorneys have been denied access to the source code for years. However, the Minnesota ruling could allow Omaha Defense Attorneys access to the source code by arguing that the judges on the federal bench have recognized the right for drunk drivers to access the information.

Robb N. Gage

About the Author

Ignition interlock making DUI penalties less severe and the roads safer

admin — Thu, 02 Jul 2009 04:35:17 +0000

June 30, 2009

In the past, most DUI drivers in Omaha, Nebraska had to sit out their no license periods with no work permit or interlock permit. Because of recent legislation in Nebraska, drivers who receive dui’s in Omaha or across the state are likely eligible for the ignition interlock device. Ignition interlock is a technology that allows courts and probation officers to monitor the driving and drinking habits of probationers. Praised because it allows DUI drivers to keep driving but prevents them from driving drunk. In one sense it allows the drunk driver more freedom by allowing driving, and, in another sense, it tightens the reins on drunk drivers by preventing drunk driving.

Here’s how it works. A DUI driver arrested in Omaha, Nebraska is found guilty of DUI. At sentencing, the driver hires an Omaha DUI lawyer who can request that the defendant be ordered to install the ignition interlock. After a short waiting period of either 30 or 45 days, the defendant may apply for the ignition interlock license. What is necessary to accomplish that is 1) a court order authorizing the license and 2) a certificate of installation from an approved installer.

Robb N. Gage

About the Author