Nebraska DUI Laws & Attorneys
by Joshua Dale
Stick with the state soft drink, Kool-Aid, and you won’t have to worry about violating Nebraska DUI laws (driving under the influence of alcohol or drugs); some of the toughest in the country.
Nebraska DUI law states that a blood alcohol content of .08% constitutes impairment to a degree that you are assumed to be unsafe behind the wheel. However, you can also be prosecuted for driving ‘under the influence’ if it can be proven that you were driving in an unsafe manner. Under this theory circumstantial evidence, such as slurred speech, blood shot, watery eyes, unbalanced posture, hazardous driving, and field sobriety tests can be proof that a driver was ‘under the influence’ and their driver’s license can be confiscated via the Administrative License Revocation Law.
If you haven’t been drinking or you believe that you might have been ‘impaired’ from a benign source such as alcohol based paint, solvents, mouthwash, prescription or over-the-counter drugs be aware that you can still be arrested for a Nebraska DUI, even though you are not ‘legally drunk’.
After being charged with a Nebraska DUI you’re going to face two adversaries: the criminal courts, and the Nebraska Department of Motor Vehicles. If your license was suspended or revoked because of a DUI, you will be offered a formal hearing. DMV hearings may be a crucial opportunity to let your Nebraska DUI defense attorney cross-examine and rebut testimony, and confront evidence offered by those involved in your arrest and investigation.
You have the right to request an administrative hearing with the DMV to try avoiding losing driving privileges. Your license will be lost if a hearing is not requested within 20 days, for not appearing, or for an unsuccessful outcome. DMV sanctions can also be imposed even if you are found not guilty in a criminal court case.
Be advised that 45 states and the District of Columbia have an out-of-state Driver’s License Compact Agreement. This means that Nebraska DUI convictions will be reported to your home state which will generally take action to suspend your license. Offenses for out-of-state drivers can also create other complications. Consequently, it’s imperative that you contact a local Nebraska DUI attorney to walk you through the procedures and insure that you don’t face complications with bail, jail, and your driving privileges.
Across the country DUI laws and evidentiary procedures are being challenged, while at the same time state laws are becoming more severe. To be certain that you have the correct and current knowledge contact a Nebraska DUI specialist. In any case, when you are stopped and arrested for suspicion of a Nebraska DUI, request to see a DUI attorney, the sooner the better.
– Info You Should Know –
Was I Stopped Legally?
Basically you were stopped because of an equipment failure or an officer had probable cause to think you were driving in an impaired manner. Arrests for drunk driving in every state focuses on four areas: driving patterns, physical appearance, field sobriety tests, and chemical tests.
Not all reasons offered by officers are legal. Check with a Nebraska DUI attorney who will examine all the different aspects of your case, will defend you aggressively and will help to mitigate any penalties.
Should I Have Talked To the Cop?
Remember that you don’t have to answer any questions that will incriminate you. Most people say that they have had a "couple of drinks” which is not necessarily incriminating. However such "statements of consumption" will be used against them in court or at a hearing.
If you plan to refuse a sobriety test – which may not be the best action – you should inform the officer who stopped you that you would rather wait until instructed by a Nebraska DUI lawyer. But be advised if you refuse the test under the implied consent law you can lose your license on the spot, and probably for many months.
Did I Have A Right To Make A Call?
Law enforcement is not required to advise you of this right. But once a request is made, they are obligated to provide an opportunity to make a call, hopefully to a Nebraska DUI specialist.
I’m Simply Going To Plead Guilty, Why Do I Need A Nebraska DUI Lawyer?
The penalties and the numerous, complicated laws relating to motor vehicles, DUI charges and Nebraska drunk driving laws should be taken very seriously. Nebraska DUI convictions and penalties can be long lasting and severe, both in court and with the Nebraska DMV, which regulates your driving privileges.
Experienced and skilled legal counsel may be able to help maximize your defenses thereby mitigating your penalties. A Nebraska DUI defense attorney will level the playing field between you and the prosecution in an effort to provide and preserve your constitutional rights.
When considering consulting a Nebraska DUI attorney, take into account the impact of a criminal conviction: possible loss of voting privileges, increased cost or cancellation of auto insurance, lost educational opportunities, inability to rent or own cars, restrictions on travel, damage to security clearances, job barriers, possible harm to professional credentials or certifications, and the loss of freedom. Don’t you think these rights, possessions, achievements and abilities are worth protecting?
What’s A Nebraska DUI Defense Attorney Going To Cost?
One of the biggest concerns for people charged with driving under the influence is attorney fees. As cases vary, so does cost. Most people don’t realize that money spent now on skillful help from a Nebraska DUI attorney might save them thousands of dollars in the years to come.
What Are Court Costs?
Additional costs for court or administrative services are regulated by state penal or vehicle code(s) violated. They can be costly.
What if I Refused To Take a BAC (blood alcohol content) Test?
If you refuse to take requested breath, urine, or blood tests, you may be facing a gross misdemeanor or even a felony equivalent to second or a first degree DUI. The arresting officer will take your license and it will be automatically revoked for 30 days. You may request a hearing within 10 days of the arrest to contest the validity of license revocation. Following the 30 day period, the DMV will review the case and may suspend your license for 1 year.
This hearing is not a trial and producing evidence of innocence and the burden of proof bears upon the accused.
Can I Plea Bargain?
A plea bargain means that you agree to plead guilty to some lesser charge or having your attorney and prosecutor mitigate the penalties. Practiced Nebraska DUI attorneys often times will be able to negotiate a plea to a lesser charge as many cases are resolved prior to trial.
The plea bargain is extremely advantageous to anyone accused of a Nebraska DUI, but remember even a conviction to a lesser charge will still count as a ‘prior’ for calculating penalties for future offenses. However, it is next to impossible to plea bargain a Nebraska drunk driving charge without an experienced Nebraska DUI lawyer.
I’ve Heard of A Nolo Contendere Plea, What Is It?
In legal terms, nolo contendere (Latin for “I do not wish to contest”) is an alternative to a guilty or not guilty plea. While not technically a guilty plea, a nolo plea has many of the same effects, but with some mitigating circumstances. In most states you can only plea nolo once in DUI cases. Generally a judge decides whether a nolo plea will be accepted, and it is not always available.
In any case, without services of a veteran Nebraska DUI specialist, specialized pleas or plea bargaining is not possible.
Is Being Punished by the Nebraska DMV and the Criminal Courts Double Jeopardy?
Like most states, Nebraska law permits the enforcement of administrative penalties in addition to court punishments, as the state considers driving a privilege, not a right, and not subject to civil liberties. The Nebraska DMV administers driver’s licenses, imposes civil penalties, serves as the judge, jury and also deals out punishment.
What if I Am An Out-Of-State Driver?
Be advised that Nebraska and most states have an out-of-state Driver’s License Compact Agreement, meaning that Nebraska DUI convictions will be reported to your home state which will generally take action to suspend your license. Offenses for out-of-state drivers can also create other complications. Consequently, it’s imperative that you contact a local Nebraska DUI attorney to walk you through the procedures and insure that you don’t face complications with bail, jail, and your driving privileges.
What Happens In Court?
You’ll have to make several appearances. In a criminal case you have the right to a jury trial with presumption of innocence, but once convicted, it can be up to the judge what punishment you will receive. The sentencing range, and whether the offense will be a misdemeanor or a felony, is based on a number of things including the number of priors. These convictions include any previous Nebraska administrative or criminal court drunk driving suspensions, refusal to submit to a BAC test, or any similar convictions in other states. There are also penalty enhancements due to aggravated circumstances.
In addition, a judge may require you to participate in alcohol or drug treatment programs as part of a parole (probation) program, have an ignition interlock device installed on your vehicle, or even have your vehicle seized and forfeited.
Can I Get a Limited Driver's License?
If you refused the BAC test you are ineligible. You may be eligible for a limited permit after 30 days suspension, allowing travel to work, school or substance abuse treatment programs. You will have to install a mandatory ignition interlock device on your vehicle for 5 months while using limited driver’s permit. If your BAC was .15% or higher, the suspension term is 60 days before applying for a special permit and an ignition interlock device must be in place for 10 months.
What About Enhanced Punishments For Multiple Nebraska DUI Convictions?
Many circumstances may lead to sentence enhancements: prior DUI convictions, the presence of a child in the car, speeding, reckless driving and an elevated BAC level, causing an accident with injuries or property damage.
Any time you face multiple or ‘aggravated’ charges, or if death, injuries or sizeable property damage occurs, the fallout for Nebraska multiple convictions will get very heavy, including thousands of dollars in fines, mandatory years of imprisonment, massive restitution, a loss of license and vehicles for years, if not permanently. We strongly recommend retaining an experienced Nebraska DUI attorney in order to secure the best possible outcome of a potentially severe situation.
What About My Insurance?
Your insurance rates will probably increase or be cancelled. Rates for your family members, your employer (if you use a company car), may increase as well.
How Long Before A Conviction Comes Off My Record?
12 years.
– Nebraska DUI Criminal Penalties –
1st Offense
A Class W misdemeanor.
Mandatory minimum 7 days up to 60 days in jail.
$400 to $500 fine.
3 to 6 months loss of driver’s license.
Required installation of an ignition interlock device.
Probation is available after 60 days loss of license and a $400 fine.
Possible alcohol assessment, evaluation and treatment program attendance.
The treatment program can cost over $3,000.
BAC .15% or Higher:
7 days mandatory to 60 days in jail.
1 year loss of license.
$500 fine.
Probation 1 year loss of license.
2 days in jail or 120 hours of community service.
2nd Offense
A Class W misdemeanor.
30 days mandatory minimum sentence to 6 months in jail.
$500 fine.
1 year loss of license.
Probation: 60 days loss of license and 240 hours of community service.
Substance abuse treatment program.
BAC .15% or Higher:
90 days minimum up to 1 year in jail.
1 year to 15 years loss of license.
$1,000 fine.
On 2nd and subsequent convictions, the court may order immobilization of offender’s vehicle for 5 days to 8 months or order the installation of an ignition interlock device on all vehicles registered to the offender for a period of at least 6 months. The ignition interlock device prevents the car from being operated while the driver’s BAC is greater than .02%.
3rd Offense
A Class W misdemeanor.
Up to 15 years loss of license.
90 days mandatory minimum to 1 year in jail.
$600 fine.
Probation: mandatory 1 year license suspension and 7 to 30 days in jail.
Substance abuse treatment program.
BAC .15% or Higher:
180 days minimum to 5 years maximum in jail.
15 years loss of license.
$10,000 fine.
Probation: 60 days in jail.
5 to 15 years loss of license.
4th Offense
A felony.
5 years maximum in jail. With probation 90 days in jail.
And /or $10,000 fine.
15 years license suspension.
Substance abuse treatment program.
BAC .15% or Higher
1 year minimum to 20 years in jail maximum.
15 years loss of license.
Up to $25,000 fine.
Probation 120 days in jail.
Additional $1,000 enhanced penalty fine.
5th Offense
A felony.
Mandatory minimum 1 year up to maximum of 20 years in jail..
$25,000 fine
15 years revocation of license.
Probation 180 days in jail.
Substance abuse program.
Immobilization, or installation of ignition interlock devices on vehicle(s).
Substance abuse treatment program.
BAC .15% or Higher
Up to 50 years in jail maximum.
Additional $1,000 fine.
– Nebraska Department of Motor Vehicles –
DMV Penalties
1st offense, 6 months driver’s license suspension.
2nd offense within 5 years, 1 year suspension.
1st refusal of a BAC test, 6 month suspension.
2nd or subsequent refusal, 1 year suspension.
Commercial Driver’s License
BAC of .04% while driving any vehicle.
1st offense 1 year license disqualification.
1st Refusal of a BAC test involving any vehicle, 1 year disqualification.
3 year disqualification while hauling hazardous material with DUI.
Lifetime disqualification for subsequent offenses.
Underage DUI
BAC of .02% to.079% 90 days suspension of driver’s license.
2nd offense 6 months suspension.
BAC of .08% or above, driving privileges can be suspended for 1 year.
1 year suspension on any subsequent offenses.
BAC Test Refusal
1 year loss of license.
2nd refusal 2 year loss of license.
3rd refusal 3 year loss of license.
– Disclaimer –
Only experienced Nebraska DUI attorneys should provide you with bonified legal advice concerning Nebraska DUI laws. Consequently, the aforementioned information on this web site should not be construed as legal advice, rather suggestions and a range of helpful information and should not be substituted for speaking with accredited Nebraska DUI attorneys. There is no warrantee, expressed or implied herein. These issues are complicated, laws change and litigation takes experience. Please let us refer you to a seasoned professional Nebraska DUI attorney specializing in DUI cases.
– Citations –
Nebraska Criminal Code. Statutes § 28-106 & § 60-6,197
First Offense - § 28-106 & § 60-6,197.03 (1)
Second Offense - § 28-106 & § 60-6,197.03 (5)
Third Offense - § 28-105 & 60-6,197 (6)
Fourth Offense - § 28-105 & § 60-6,197.03 (8)
Fifth Offense - § 28-105 & § 60-6,197.03 (10)
NEBRASKA’S ADMINISTRATIVE LICENSE REVOCATION LAW
(60-498.01 through 60-498.04)
