DUI Defense2025-12-03

Challenging Breathalyzer Results in Nebraska DUI Cases

When facing DUI charges in Nebraska, many defendants believe a breathalyzer result above 0.08% means automatic conviction. This is a dangerous misconception. Breathalyzer devices—like the Intoxilyzer 8000 used in Lincoln—are scientific instruments that can produce inaccurate results.

A skilled Lincoln DUI defense attorney knows how to challenge breath test evidence on multiple scientific and procedural grounds. Here's what you need to know.

1. Understanding Nebraska's Breath Testing System

The Intoxilyzer 8000:

Primary device used by Lincoln and Lancaster County law enforcement
Uses infrared technology
Must meet Nebraska Department of Health standards
Requires regular calibration and testing

Legal Presumption in Nebraska:

0.08%+: Presumed under the influence
0.15%+: Enhanced penalties (“excessive DUI”)

These presumptions can be challenged with proper evidence.

2. Common Breathalyzer Challenges in Lincoln Courts

A. Calibration and Maintenance Issues

Breathalyzers must follow a strict maintenance schedule.

Required Maintenance:

Daily diagnostic checks
Monthly calibration verification
Quarterly full calibration
Annual maintenance and certification

Common Issues:

Expired calibration
Contaminated simulator solution
Missing records
Uncertified technicians

B. Improper Administration by Officers

Nebraska requires strict procedures:

Mandatory 15-minute observation period
No eating, drinking, smoking, or burping
Proper instructions given
Two valid samples required
Minimum breath volume

Frequent Errors:

Observation period cut short
Radio frequency interference
Residual mouth alcohol
Improper device positioning

C. Medical and Physiological Factors

Conditions that may affect readings:

Diabetes
GERD/acid reflux
Low-carb diets
Dental work
Certain medications

Rising Blood Alcohol Defense:
BAC may have been below legal limit while driving but rose during testing.

3. The Role of Expert Witnesses

Types of experts used:

Forensic toxicologists
Breath test technical experts
Medical experts
Maintenance/engineering experts

Experts evaluate:

Error rates
Environmental conditions
Officer errors
Device malfunctions

4. Lincoln-Specific Breath Test Procedures

Governed by Title 177 regulations
Officers must complete 16-hour certification
Lincoln PD uses dedicated breath test rooms
Lancaster Sheriff uses mobile units
Nebraska State Patrol has DUI enforcement teams

5. Strategies for Challenging Breath Evidence

Step 1: Discovery Requests

Request:

Breath test tickets
Maintenance logs (12 months)
Officer certifications
Video footage

Step 2: Motion to Suppress

If violations exist, attorney may request evidence exclusion.

Step 3: Trial Defense

Cross-examine officers
Present expert testimony
Offer alternative explanations

6. When Breath Tests Are Refused

Nebraska’s implied consent law applies.

Penalties:

1-year license revocation
Possible forced blood draw with warrant

Defenses:

Illegal stop
No probable cause
Confusion about rights

Breathalyzer tests can be flawed if not properly administered or maintained. An experienced Lincoln DUI defense attorney can challenge every aspect of the evidence to protect your rights.