Many people in Nebraska might think that the prosecution of an alleged drunk driver is pretty standard with little room for a person to defend themselves. This, however, is not at all true. One of the factors that may contribute to this reality is that laws can change and the timing of these changes may well create different results for defendants and prosecution teams alike.
Such is the case for one man who was arrested for and charged with driving under the influence in late 2014 as reported by the Lincoln Journal Star. After originally being convicted of a DUI offense, the man eventually appealed the decision to a district court. It was there that the original conviction was overturned because of a new law that stated law enforcement officials must have search warrants before taking any blood draws in DUI cases.
While this appeared to be positive for the defendant, the case did not stop there but made its way to the State Supreme Court. That high court recently handed down a decision that overturned the overturning of the original conviction. The reason given was that the legal requirement for a search warrant was not in place at the time that the man was arrested and had his blood drawn so therefore the state's implied consent law would have sufficed. The future of the case is not known as it now goes back to the original court.
People who are facing criminal charges where laws may be unclear or changing might find it useful to talk with an attorney about their options to defend themselves appropriately.