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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Legal
Satisfied Customers: 16710
Experience:  Experienced Licensed Attorney
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my son was stopped last night in Lincoln ne. He had been drinking

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my son was stopped last night in Lincoln ne. He had been drinking earlier and said so when asked. He passed all sobriety field tests given except the balance and he only blew .07, below the legal limit in Ne. However he was taken in. At the court house he was tested again. passed all the tests and blew a .059. He does not do drugs of any kind but a blood test was given. He was not booked and did not go to jail and they did not confiscate his drivers license . he was forced to spend 3 hours in detox and his girlfriend was then allowed to pick him up, when he left he only blew a .015. How ever they told him he was being charged with no seatbelt. reckless driving and DUI?? Is that possible?
Hello. My name is XXXXX XXXXX I will be happy to answer your question.

I am very sorry to hear about your son's difficult situation.

Why was your son pulled over? Was he driving recklessly or was he speeding?
Customer: replied 4 years ago.
I was not in there at the time and according to him he was doing neither speeding nor reckless driving they told him that he was swerving slightly
Thank you for your follow up.

Was your son arrested and taken to jail on these criminal charges?

Was the bond set?
Customer: replied 4 years ago.
No I do not think he was actually arrested he was taken in but he never went to jail they simply retested him told him what he was being charged with and put him in detox for three hours. at no time did he ever test over the legal limit so I am not quite sure how they can charge him with DUI. I do know when Nebraska when you are arrested for DUI is an automatic eight hours in jail and they immediately confiscate your license , none off this happened with my son
Thank you for your follow up.

How old is your son and does he hold a Commercial Driver License?
Customer: replied 4 years ago.
No he does not have a commercial license. He just turned 23
Thank you for your follow up.

Unfortunately, because your son did test on the borderline of DUI at 0.7 after he was stopped and also admitted to drinking, it appears that the state has decided to pursue a DUI case based on your son's own admissions, failure to complete balance test and also officer's observations.

While your son might have a good chance of contesting this DUI charge, your son will need to consult and retain an experienced local criminal defense attorney and to have this attorney represent your son in the DUI case and it is somewhat likely that your son's local attorney will be able to either get this DUI charge dismissed on a legal technicality, or at least will negotiate a plea bargain deal, which would allow your son to plead to reduced offense, which does not carry jail time or suspension of your son's driver license.

I am very sorry that this has happened to your son and I wish you and your son the best of luck!
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