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Being charged with driving under the influence (DUI) in Nebraska is a serious matter, and the process that follows can feel overwhelming. Many people wonder whether DUI charges can be dropped and under what circumstances that might happen. While Nebraska enforces DUI laws firmly, there are edge-case scenarios in which charges may be dismissed or reduced. However, these situations are not common and often depend on legal, procedural, or evidentiary issues that emerge after the arrest.
This post provides an in-depth explanation of what may lead to DUI charges being dropped in Nebraska. It outlines how charges are filed, what role evidence plays, and which procedural elements must be followed for a case to move forward. We’ll also explore examples of when charges might be dismissed and when they almost certainly won’t be. Everything is presented in clear, factual terms, free from legal advice or interpretation.
Whether you’re seeking clarity about the legal process or trying to understand how Nebraska handles DUI prosecution, this article offers a comprehensive, neutral look at what can cause DUI charges to be dropped—and why it’s the exception, not the rule.
How DUI Charges Are Filed After an Arrest
In Nebraska, once a person is arrested for suspected DUI, the charging process begins with a review of the arrest by a county prosecutor. The police report, test results, and officer observations are submitted for review, and the prosecutor determines whether to formally file DUI charges.
Key elements reviewed during this process include:
- Breath, blood, or urine test results (typically BAC of 0.08% or higher)
- Field sobriety test performance
- Officer’s narrative and observations (e.g., slurred speech, swerving, odor of alcohol)
- Dashcam or bodycam footage
- Any refusal to comply with testing
If the evidence is deemed sufficient to show probable cause for DUI, formal charges are filed, and the case is submitted to the court system. In Nebraska, first and second offenses are generally filed as misdemeanors, while third and subsequent offenses, or DUI cases involving injuries or aggravating factors, may be charged as felonies.
Once filed, the charges move through the judicial process unless a clear issue arises that causes the prosecution to reconsider.
Legal Grounds for Dropping DUI Charges in Nebraska
While most DUI charges proceed to arraignment and beyond, there are specific circumstances where they may be dropped before trial. These situations usually involve errors in procedure, weak evidence, or violations of legal protocol that undermine the strength of the case.
Here are the most common scenarios where DUI charges might be dropped in Nebraska:
1. Lack of Probable Cause for the Stop
Every DUI arrest must begin with a legal traffic stop. Nebraska law requires that law enforcement officers have a valid reason—such as speeding, swerving, running a red light, or another violation—to initiate a stop.
If it’s shown that the officer lacked probable cause, any evidence collected afterward (including BAC tests) may be ruled inadmissible. Without that evidence, the prosecution may drop the DUI charges due to an inability to move forward.
This argument is typically raised through a pretrial motion by the defense, often citing dashcam footage or witness testimony to dispute the officer’s justification for the stop.
2. Improper Administration of Field Sobriety Tests
Field sobriety tests (FSTs) are a common part of DUI investigations. However, these tests must be administered according to standardized procedures. If an officer conducts the test incorrectly—or fails to consider health conditions, uneven terrain, or poor weather—it may compromise the results.
When FSTs are improperly handled and used as the primary basis for the arrest, it weakens the prosecution’s case. In some instances, this could result in dropped charges or a decision to pursue a lesser offense.
3. Errors in Chemical Testing Procedures
Nebraska law permits DUI charges to be filed based on blood alcohol concentration (BAC) or drug impairment. However, if a breathalyzer device was malfunctioning, calibrated improperly, or administered outside the legal time window, the results may be disqualified from evidence.
In addition, chain of custody errors with blood or urine samples—where the sample cannot be reliably tracked or was stored improperly—can result in the loss of critical evidence. Without valid chemical test results, a DUI case may fall apart before trial, and charges could be dropped.
Can Refusal to Test Affect the Outcome?
In Nebraska, drivers are subject to the state’s implied consent law, which means that anyone arrested for DUI must submit to a chemical test after the arrest. Refusing to do so leads to automatic license revocation and potential penalties, regardless of whether charges are ultimately filed or not.
However, pre-arrest refusal to take a preliminary breath test (PBT) is treated differently. Officers can still make an arrest based on observable signs of impairment. In rare cases, though, if there is no BAC evidence and the observations are challenged or inconsistent, the prosecutor may decide not to pursue the case.
Refusal alone is unlikely to result in dropped charges, but when combined with a weak arrest report or procedural issues, it may contribute to dismissal.
The Role of Prosecutorial Discretion
Prosecutors in Nebraska are not required to pursue every DUI arrest. They can review the evidence and decide to:
- File the original DUI charge
- File a lesser charge (e.g., reckless driving)
- Decline to file any charges at all
This is known as prosecutorial discretion. Factors that may influence this decision include:
- BAC close to the legal limit
- No prior DUI history
- Cooperation during arrest
- Community circumstances or case backlog
Sometimes, the prosecution may decide that pursuing a full DUI charge isn’t warranted based on the evidence, and may opt for a non-alcohol-related infraction instead. This may still result in penalties but avoids a DUI conviction.
DUI Charge Reductions vs. Dismissals
There’s an important distinction between charges being dropped and charges being reduced:
- Dropped charges: The case is dismissed entirely before trial, and no conviction follows.
- Reduced charges: The DUI is replaced with a lesser offense, often through a plea agreement.
In Nebraska, it’s more common for DUI charges to be reduced than dropped, especially in cases involving:
- First-time offenders
- BAC close to 0.08%
- No accident or injuries
- Willingness to complete alcohol education programs
Common reductions include:
- Reckless driving
- Careless driving
- Negligent operation
These still come with penalties—fines, points, insurance rate increases—but typically avoid jail time and license revocation.
What Won’t Result in Dropped DUI Charges
There are many misconceptions about what can get DUI charges dropped. In Nebraska, the following do not typically qualify as valid reasons for dismissal:
- Lack of intent to drive while impaired
- Claiming you “felt fine” to drive
- Driving a short distance
- Having no prior record
- Politeness or cooperation during the stop
While these factors may influence the judge’s decision during sentencing or plea bargaining, they do not invalidate the original arrest or evidence and are not grounds for dismissal.
Additionally, DUI charges are rarely dropped in cases involving:
- Accidents or injuries
- Children in the vehicle
- BAC over 0.15%
- Repeat offenses
In these circumstances, the state has a strong interest in pursuing prosecution to uphold traffic safety laws.
Pretrial Motions That Can Lead to Dismissal
In some DUI cases, defense attorneys file pretrial motions that challenge specific aspects of the arrest or evidence. These motions may request that certain evidence be excluded from the trial, which can severely weaken the prosecution’s case.
Examples include:
- Motion to suppress BAC results due to faulty equipment or improper administration
- Motion to suppress field sobriety test performance based on medical or environmental concerns
- Motion to dismiss based on lack of probable cause for the stop or arrest
If the judge grants any of these motions, the remaining evidence may be too weak to sustain the charge, prompting the prosecutor to drop the case.
While not guaranteed, these legal tools play a key role in rare cases where DUI charges are dismissed entirely.
Post-Arraignment Dismissals
Once a DUI case reaches the arraignment stage—where the defendant enters a plea—the chances of the charges being dropped decrease. However, dismissal is still possible if:
- New exculpatory evidence is discovered
- Dashcam footage contradicts the officer’s report
- Test results are invalidated
- Key witnesses become unavailable
In these cases, the prosecutor may voluntarily dismiss the case or a judge may do so upon request. If charges are dismissed with prejudice, they cannot be refiled. If dismissed without prejudice, they may be refiled if new evidence emerges.
Dismissal at this stage is more likely in complex cases or those involving unclear impairment (such as low BAC and weak observational evidence).
What About Diversion Programs?
Some Nebraska counties offer diversion programs for first-time, non-aggravated DUI offenses. These programs may result in reduction or dismissal of charges after successful completion of:
- Alcohol education
- Substance abuse evaluation
- Community service
- Abstaining from further offenses
If the participant meets all conditions, the prosecutor may agree to drop the DUI charge or reduce it to a lesser infraction. Not all counties offer DUI diversion, and eligibility is not automatic.
Diversion is not considered a dismissal based on lack of evidence, but it can lead to no criminal conviction, which is an outcome many defendants seek.
FAQ: Can DUI Charges Be Dropped in Nebraska?
Q: How likely is it that DUI charges will be dropped in Nebraska?
A: Not very. Charges are usually only dropped when there’s a major issue with evidence or procedure.
Q: Can I get a DUI charge dropped if my BAC was under 0.08%?
A: Possibly, but it depends on whether other signs of impairment were observed. The prosecution may still move forward based on behavior or drug impairment.
Q: Do DUI charges get dropped if the officer didn’t read my rights?
A: Not automatically. Miranda rights apply to custodial interrogation, not roadside questioning. A failure to read rights might affect admissibility of certain statements but not the entire case.
Q: What’s the difference between dropped and reduced charges?
A: Dropped charges mean the case is dismissed and no conviction occurs. Reduced charges mean a plea deal is reached for a lesser offense.
Q: Will a dismissed DUI still show up on my record?
A: Yes. The arrest may still appear unless the record is sealed or expunged, which requires a separate legal process under Nebraska law.
Conclusion
While DUI charges in Nebraska are rarely dropped, there are limited edge-case scenarios where dismissal is possible. These include situations with procedural errors, invalid stops, unreliable testing, or weak evidence. More commonly, charges may be reduced to a lesser offense through plea negotiations—particularly for first-time offenders with borderline BAC levels and no aggravating factors.
If you want to understand how Nebraska handles the overall DUI process, start by reading our How DUI Laws Work overview. For deeper insight into how prosecutors file and manage these cases, see How DUI Charges Are Filed and Prosecuted for a step-by-step breakdown.