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Nebraska, like all other states, has enacted laws with harsh penalties for those who drive under the influence of alcohol or drugs. Individuals can face license revocations, increased insurance rates, jail time, vehicle immobilization, ignition interlock fees, and fines if convicted of DUI.
If you are accused of driving while intoxicated, a Nebraska DUI lawyer at Berry Law could advocate on your behalf and build a strong defense to fight the charges against you.
Why You Need to Work With a Skilled DUI Lawyer in Nebraska
DUI arrests can have severe consequences and trying to handle DUI charges on your own can be confusing and complicated. Between the criminal court proceedings and the administrative license revocation process, you are likely to face quick deadlines. You’ll need to make important decisions and take necessary actions to protect your legal rights and your future.
A proactive criminal defense lawyer at Berry Law can make sure you meet these deadlines and work to negotiate the best resolution possible in your case. Our skilled Nebraska DUI defense attorneys can also spot issues that might greatly reduce the repercussions of the DUI arrest or help you avoid a conviction entirely.
Possible DUI Penalties Depend on Prior Offense History
Neb. Rev. Stat. § 60-6,196 makes it illegal for individuals to operate or be in physical control of a motor vehicle while under the influence of alcohol or drugs or when they have blood alcohol content (BAC) of .08 percent or more. Like most crimes, the potential punishment for a first DUI offender is less severe than penalties for offenders with multiple convictions. However, even a first-time offender can face serious and life-changing financial, emotional, and societal costs.
If You are Facing a First-Offense DUI
Individuals convicted of driving under the influence can face jail sentences, fines, license suspensions, and mandatory ignition interlock device (IID) installation. The amount of fine and length of jail time will depend on their BAC level at the time of the arrest and the number of prior convictions they have on their history within the past 15 years.
A first-offense DUI is a Class W misdemeanor under Nebraska law. A conviction for a Class W misdemeanor can result in a jail sentence ranging from a minimum of seven days to a maximum of 60 days and a fine ranging from $400 to $500. Individuals also may lose their driving privileges for up to six months. However, if the person’s BAC was 0.15 percent or higher at the time of the offense, then the license revocation may last for one year.
Nonetheless, in either situation, the defendant may qualify for an Ignition Interlock permit, which allows them to drive with an Ignition Interlock Device (IID) installed in the vehicle. The defendant must pay the initial cost to install the IID and the ongoing expenses during the period of time the IID is in use.
If a Nebraska DUI lawyer convinces the court to place a first-offense DUI defendant on probation and suspends (delays) the jail sentence, the defendant is still subject to a 60-day license revocation and a $500 fine. For a first-offense DUI with a BAC of 0.15 percent or higher, any sentence of probation must include a one-year license revocation, a $500 fine, and either two days in jail or 120 hours of community service. Again, defendants facing these charges may apply for an IID permit during the license revocation period.
Berry Law’s Team Provides You With Multiple Attorney Perspectives
If You are Charged With a Second-Offense DUI in Nebraska
A DUI arrest can be charged as a second-offense if it occurs within 15 years of the defendant’s first offense. The charge is still a Class W misdemeanor, but a second-offense conviction will result in harsher penalties, including 30 to 90 days in jail. According to Neb. Rev. Stat. § 60-6,197.03, a second-time defendant will also face a license revocation of 18 months and they are not eligible for an IID permit for the first 45 days of that revocation.
A second DUI offense also will result in a $500 fine and the defendant may have to pay the costs to immobilize their vehicle at an impound lot for five days to eight months, unless they can prove that the vehicle is necessary for their employment.
If your Nebraska DUI lawyer is able to negotiate a sentence of probation for a second-offense DUI, you are still subject to the 18-month license suspension and you cannot obtain an IID permit for 45 days. You will probably pay a $500 fine and either serve at least ten days in jail or perform 240 hours of community service.
For a second DUI offense, if a defendant’s BAC measures 0.15 percent or more at the time of the arrest, they can face a jail sentence ranging from 90 days to one year. Additionally, the potential license suspension could last from one to 15 years. The possible fine also increases to $1,000 for a BAC more than 0.15 percent.
Due to the gravity of the penalties for this offense, if you are charged with a second (or greater) driving under the influence violation, you should contact a dedicated DUI attorney in Nebraska as soon as possible. The team at Berry Law is here for you.
Reach Out to the Nebraska DUI Attorneys at Berry Law Today
After being arrested for DUI in Nebraska, you’re probably unsure what to do next. Don’t immediately admit guilt or accept a plea agreement for DUI charges without speaking to an experienced Nebraska DUI lawyer at Berry Law.
We can educate you about Nebraska DUI law and the options that may be available to you. Our Nebraska DUI lawyers can evaluate your circumstances, explore your options, and work toward the most effective defense strategy in your case. Contact Berry Law for a confidential consultation. Together we can face your DUI charge and protect your future.
