If you are stopped for driving while under the influence (DUI) of alcohol or any drug, you could face the revocation of your driver’s license, criminal charges, a fine, and possible jail time. The penalties could potentially increase if you have prior convictions. Whether you are facing a first offense or have prior convictions, a Bellevue DUI lawyer could help defend you against the charges you are facing.
It can be beneficial to have a skilled defense lawyer on your side who can protect your rights. A lawyer from Berry Law could fight on your behalf to obtain a better outcome in your case.
DUI Laws in Bellevue
Laws regarding driving under the influence in Bellevue can be found in Chapter 60 of the Nebraska Revised Statutes. According to the statute, it is unlawful for a person to operate or be in physical control of a motor vehicle in any of the following circumstances:
- While under the influence of alcohol or drugs
- When the blood alcohol concentration is at least 0.08 percent of one gram by weight of alcohol per 100 ml of blood
- When a person has a concentration of at least 0.08 percent of one gram by weight of alcohol per 220 liters of breath
Individuals with prior convictions for driving under the influence could face more severe penalties for subsequent DUI convictions. A lawyer who handles cases involving driving under the influence in Bellevue could answer questions about the legal limits for operating a motor vehicle after consuming alcohol or another substance.
Confinement and Fines for Driving Under the Influence
A first offense DUI is usually charged as a Class W misdemeanor in Bellevue. The mandatory minimum penalty upon conviction for a first offense is a $500 fine and seven days confinement. The maximum penalty is 60 days confinement and a $500 fine.
The penalties increase for subsequent convictions that occur within 15 years of a prior offense. For example, the mandatory minimum penalty for a second DUI conviction is 30 days imprisonment and a $500 fine. The maximum penalty is confinement for six months and a fine of $500.
The mandatory minimum penalty for a third DUI conviction is 90 days incarceration and a $1,000 fine, while the maximum penalty is imprisonment for one year and a $1,000 fine.
Revocation of a Driver’s License
For the safety and wellbeing of others, law enforcement officers have the authority to confiscate an individual’s license to drive upon arrest for a DUI if he or she either fails a breath, blood, or urine test or refuses to take one. The license may then be administratively revoked by the Nebraska Department of Motor vehicles and could remain revoked for several months.
A person could apply for an ignition interlock permit, which grants restricted driving privileges and allows a person to drive a vehicle with an ignition interlock device. In some cases, the ignition interlock permit will not be issued until a specified revocation period has elapsed. For example, individuals who refuse to submit to blood, breath, or urine testing may not be granted the restricted permit to drive until 105 days elapsed from the time the license was first revoked.
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Speak with a Bellevue DUI Attorney About a Case
You do not have to accept a DUI charge or plead guilty to driving under the influence even if you failed a breath, blood, or urine test. In some cases, it might be possible for a Bellevue DUI lawyer to challenge the outcome of the test. At Berry Law, we have defended thousands of clients accused of driving under the influence. We understand these cases and how to fight them. Call Berry Law for a confidential consultation and see how we can help you for your DUI charge.