DUI Stops (Even if you haven't been drinking)

Not too long ago I was stopped at 2:00am on a Sunday morning after making an illegal right-turn-on-red. Before long I found myself blowing into a Breathalyzer after doing the humiliating field sobriety test. I knew that I would check out okay before I started - it turned out that my blood alcohol level was 0.01% - 1/8 the legal limit, but it was an aggravating and frustrating experience nonetheless. Since then I have done some research on ones rights when stopped by the police.

1. Before you can be stopped, an officer must have "probable cause". This can be a vehicle defect, such as a broken tail light, or a traffic violation, such as an illegal turn or failure to yield. Erratic driving will also get an officer's attention and provide "probable cause" for stopping you. I was once stopped on a rural highway because I swerved to avoid a dead animal (which the officer did not see) in the road. 
2. Once you have been stopped, you are not required to answer any questions, other identifying yourself. You are required to hand over your license and registration in Nebraska (laws in other states may differ). Officers will often ask you if you'd had anything to drink. You are not required to answer this, although lying is not a good idea either. By admitting to drinking any alcohol, you are, in effect, testifying against yourself, and making half of the officer's case. http://www.duianswer.com/library/what-to-do-if-youre-pulled-over-and-arrested-for-dui.cfm. What throws a lot of people off is that officers are often extremely polite and are trained to put you at your ease so that you will voluntarily answer their questions. Once you have admitted to drinking at all you have given the officer a reason to proceed to the next step: the field sobriety test. 
3. You are not required to submit to a field sobriety test http://dui.legalhelp.org/nebraska/field-sobriety-tests-in-nebraska/. I was not informed of this, although I did not think to ask either. They are very unreliable and are subject to the interpretation of the person administering the test. When I took the test I had been awake for 22 hours, had put in a full day at work, officiated at a wedding, driven an hour each way to my son's birthday get-together, sat out in the heat at an outdoor music festival, and worked 3 hours at the end of it as a bartender. Part of the test involved a bright light being shined in my eyes. Add in the fact that it was dark and I'm not especially coordinated anyway, there's no surprise that I failed to pass some aspects of the test. If you "fail" the test you have provided additional evidence against yourself and given the officer probable cause to administer a breath test. There are no legal or administrative penalties for declining a field sobriety test. 
4. Breathalyzer tests are a little more tricky. http://dui.drivinglaws.org/resources/dui-refusal-blood-breath-urine-test/nebraska.htm. http://statelaws.findlaw.com/nebraska-law/your-omaha-dui-case-the-basics.html They are included under the umbrella of blood, chemical or breath tests. If you have been arrested for DUI in Nebraska you cannot refuse the test without incurring a penalty: the suspension of your license for one year (one website said 90 days, another said one year). This is an administrative suspension by the DMV and is completely separate from a DUI conviction. This is called "implied consent" - you agree to this as a condition of having a driver's license. Lack of breath tests results does not guarantee that you won't be convicted - conviction for DUI does not rely exclusively on blood test results. If you have not yet been arrested, you can still be asked to take a preliminary breath test. Refusing the preliminary test can lead to arrest and a fine of $100. Yes, you have the right to refuse, but there are the penalties mentioned above and you'll be arrested and be spending the night in jail or detox, so there's really no upside to refusing at this point. 

One might say that if you have not been drinking, or have had few drinks, then you have nothing to fear. But it behooves us to know our rights and keep police on the straight and narrow. I voluntarily gave up my rights because I was ignorant of what they were.