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October 20, 2022 | DUI

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Being arrested and charged with driving under the influence (DUI) of drugs or alcohol is both a scary and miserable experience. Nebraska DUI laws are actually quite stringent. There’s a real possibility of spending time behind bars as well as paying a hefty penalty. If you or a loved one has been arrested and charged with a DUI, you may be confused and worried about what will happen next. In this blog, we discuss the implications and penalties of being charged with a DUI in Nebraska.

Overview of DUI Laws in Nebraska

It is unlawful for a person to operate a motor vehicle while impaired as a result of ingestion of alcohol or intoxicating drugs. Nebraska law sets the blood alcohol limit at 0.08 percent. You can be charged with a DUI if you are found to have a blood alcohol concentration (BAC) higher than 0.08 percent. However, there are exceptions to this rule. For example, underage drivers as well as drivers of commercial vehicles can be charged with a DUI for BACs that are below 0.08 percent.

DUI cases involving drugs are more complex. This is because it is more difficult to measure a person’s impairment due to drug intoxication as precisely as with alcohol.

Considerations in sentencing

A DUI conviction in Nebraska can come with various potential penalties. These include license suspension, fines, probation, imprisonment and community service. There are various factors that are considered when determining the penalties of a DUI conviction. These include:

  • BAC – your BAC level will play an important role in determining your potential penalties. A BAC of 0.15 or higher can result in an aggravated DUI charge. This will carry tougher penalties than a regular DUI charge.
  • Previous convictions – if you have been convicted of a DUI in the past, the penalties for any repeat DUI will be much tougher.
  • The age of the defendant – you can be convicted with a DUI if you are under the legal drinking age no matter how low your BAC level was found to be.
  • The status of your license – if your license was revoked or suspended at the time of arrest for a DUI, you could face additional charges and penalties.
  • The injuries and damage resulting from the accident – if you were involved in an accident while under the influence of alcohol or drugs, the severity of the bodily injuries or property damage resulting from the accident will also be considered in determining the penalties for your DUI.

Overview of Penalties for DUI in Nebraska

There are several factors that influence the severity of the penalties awarded for a DUI. However, the law also outlines minimum and maximum sentences for DUI offenses. These are as outlined below:

  • First DUI offense – This offense will result in a maximum of a $500 fine, license suspension of a maximum of 6 months or between 7 and 60 days in jail.
  • Second DUI Offense – This will result in a maximum of fine of $500, a license suspension of a maximum of 18 months and between the 30 and 180 days in jail
  • Third DUI offense: this carries a maximum of a $1000 fine, and a maximum license revocation of 15 years. A conviction may also result in a jail sentence of 3 months to 1 year.

There are various other additional penalties that a DUI conviction can carry. These depend on the specific circumstances of the case. For example a defendant convicted of a DUI may be required to have their vehicle fitted with an interlock ignition device. Some defendants may also be required to take substance abuse classes. In many cases, a DUI conviction will lead to an increase in car insurance rates.

How an Experienced Attorney Can Help

Being charged with a DUI in Nebraska is serious. A DUI conviction can have serious repercussions even if it is your first DUI. Your freedom, driver’s license and money are all on the line when facing DUI charges. It is therefore important to ensure that you have the best defense possible. This means seeking the assistance of an experienced DUI attorney.

An experienced attorney can help by:

  • Providing consultation and comprehensive assessment of your case. They will determine the best strategy to take in your case and explain your rights and options to you. You will be better able to make an informed decision.
  • Reviewing your arrest and whether your rights were observed and preserved. If law enforcement violated your rights during the arrest, your attorney can work to get you off the hook.
  • Investigating your charges to determine the best way to defend your freedom.
  • Looking for options to reduce your penalties

No two DUI cases are the same. Without proper legal representation, you face the possibility of suffering the severe consequences of a DUI conviction. Contact our law firm to consult with an experienced attorney and take the first step towards protecting your freedom.

DUI Nebraska

DUI Nebraska

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