Were You Charged With A DWI In Nebraska?

Finding a top DUI lawyer in Nebraska is easy with our help. Throughout our website, you will find countless links to the best DUI lawyers in the state who are fully certified and specialize in DUI cases. You will also find links to helpful hotlines for assistance with all of your case questions and literature on DUI infractions. Everything you need is right here at https://usattorneys.com/dui-lawyers/.

If you have been drinking and driving with a blood alcohol content level (BAC) of .08 percent or higher in Nebraska, you will be charged with Driving Under the Influence (DUI) – a serious crime which carries multiple penalties. For minors and commercial vehicle drivers, the BAC limit required to be charged with DUI is much lower. Minors (those under 21) need only have a BAC level of .02 percent and commercial vehicle drivers need only have a BAC level of .04 percent to be charged with Nebraska DUI.

There are actually two different ways in which a motorist may be charged with DUI in Nebraska. The first way to determine intoxication is through a BAC test. If the BAC reveals a level of .08 percent or higher, the driver is charged with DUI, regardless of whether they exhibit physical signs of impairment or not. The second way is by level of impairment alone, sans BAC level. This is called a common law Nebraska DUI conviction. It considers only whether the driver can be considered impaired by their physical condition, i.e. the way they perform on a field sobriety test or whether or not they were driving erratically.

In addition to the alcohol consumption laws, Nebraska law also prohibits drivers from operating a motor vehicle under the influence of drugs, such as marijuana or cocaine. If a motorist has consumed any type of controlled substance they will be convicted of DUI.

What Happens when you get a DUI in Nebraska?

In Nebraska, DUI laws call for two separate types of cases. First, a motorist will have to attend an Administrative License Revocation Hearing (ALR Hearing), which is a state civil hearing in which the fate of your driver’s license will be determined. The second type of case will be a DUI criminal court trial. During this case, the state will make every attempt to suspend the motorist’s license and convict them of DUI. If the state finds the motorist guilty, they will be required to pay expensive fines, attend DUI education courses and can possibly be sent to prison.

Nebraska DUI Punishments

Nebraska DUI laws are extremely strict for repeat offenders and for those whose BAC level at the time of arrest was .15 percent or higher. Once you are tried and convicted of DUI in Nebraska, you may suffer one or more of the following penalties:

1st DUI Conviction

• Imprisonment minimum 7 days to 60 days
• Fine up to $500
• Driver’s license suspended up to 6 months
o Up to 1 year if BAC above .15 percent
• May be ordered to take alcohol assessment evaluation or undergo alcohol treatment

2nd DUI Conviction

• Imprisonment minimum 30 days up to 90 days
o Minimum 90 days up to 1 year if BAC above .15 percent
• Fine up to $500
o Up to $1,000 if BAC above .15 percent
• Driver’s license suspended 1 year
o From 1 to 15 years if BAC above .15 percent
• May be ordered to take alcohol assessment evaluation or undergo alcohol treatment
• Vehicle immobilized from 5 days to 8 months (may also be impounded)
• May require ignition interlock device

3rd DUI Conviction

• Imprisonment minimum 90 days up to 1 year
o Minimum 180 days up to 5 years if BAC above .15 percent
• Fine up to $600
o Up to $10,000 if BAC above .15 percent
• Driver’s license suspended 2 to 15 years
o From 5 to 15 years if BAC above .15 percent
• May be ordered to take alcohol assessment evaluation or undergo alcohol treatment
• Vehicle immobilized from 5 days to 8 months (may also be impounded)
• May require ignition interlock device

4th DUI Conviction

• Considered Class III Felony
• Imprisonment minimum 180 days up to 5 years
o Minimum 1 year up to 20 years if BAC above .15 percent
• Fine up to $10,000
o Up to $25,000 if BAC above .15 percent
• Driver’s license suspended 15 years
• May be ordered to take alcohol assessment evaluation or undergo alcohol treatment
• Vehicle immobilized from 5 days to 8 months (may also be impounded)
• May require ignition interlock device

5th DUI Conviction

• Considered Class III Felony
• Imprisonment minimum 1 year up to 20 years
o Minimum 1 year up to 50 years if BAC above .15 percent
• Fine up to $25,000
• Driver’s license suspended 15 years
• May be ordered to take alcohol assessment evaluation or undergo alcohol treatment
• Vehicle immobilized from 5 days to 8 months (may also be impounded)
• May require ignition interlock device

Nebraska’s Implied Consent Law

The state of Nebraska imposes implied consent laws. This means that any Nebraska motorist must agree to submit to a chemical test of their blood, breath or urine to determine intoxication if an officer suspects them of DUI. Those who refuse will have their license automatically confiscated by the officer and may have their license suspended for 1 year.

How to Fight a Nebraska DUI Charge

If you have incurred a DUI charge in Nebraska, you only have 10 days from the time of your arrest to request hearing with Nebraska Department of Motor Vehicles (DMV) or your license will be suspended automatically. Speak to a top Nebraska DUI lawyer immediately for help in fighting for your license as well as to have your overall charges reduced.

DUI attorneys in Nebraska understand the strictness of the laws and will work hard to have your charges lowered or possibly wipe them away completely. Your paralegal will investigate the incident and try to uncover any evidence that can be used in your favor. Rest assured that when you work with an elite Nebraska DUI attorney, your case will end with the best possible resolution.

Call today to schedule a consultation with an acclaimed DUI lawyer in Nebraska to get started on your case.

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