Driving under the influence carries criminal penalties, driver’s license sanctions and collateral consequences. Berry Law provides legitimate defenses to challenge a DUI arrest and the harsh punishments.
However bleak your situation seems, we are confident we can mitigate the damage or prevent a conviction altogether. We handle drunk driving cases across Nebraska, with offices in Lincoln and Omaha. Contact us immediately to schedule a consultation with proven criminal defense trial lawyers.
Nebraska DUI Laws and Penalties
The following is a simplification of Nebraska’s DUI laws and the potential penalties. Our experienced attorneys take the time to explain your rights and assess the facts of your case so that you can make informed choices.
- First offense DUI (Class W misdemeanor) — minimum seven days in jail*, $500 fine, six-month license revocation
- Second offense DUI — minimum 30 days in jail*, $500 fine, one-year license revocation
- Third offense DUI — minimum 90 days in jail* (up to one year), $1,000 fine, 15-year revocation
- Fourth offense DUI (Class IIIA felony) — minimum 180 days in jail* (up to five years), $10,000 fine, 15-year revocation
- Fifth offense or more (Class III felony) — minimum two years in jail* (up to 20 years), $25,000 fine, 15-year revocation
- BAC above .15 — For any offenses, a blood alcohol content of .15 percent or greater increases the license revocation, jail time and degree of the offense. A first-time DUI with excessive BAC results in loss of driving privileges for one year.
- Test refusal — Refusing the breath, blood or urine test triggers automatic license revocation for one year, with no driving for 90 days even with an ignition interlock.
- DUI injury or death — A drunk driving accident resulting in bodily injury or death can be charged as a Class IIIA, Class III or Class II felony, depending on prior DUIs, punishable by five to 50 years in jail. (See DUI Manslaughter.)
* Mandatory minimum jail time can be waived or mitigated if the court grants probation.
Contacting Experienced Representation
Our DUI defense practice handles first-time DUI, repeat offenses, underage drivers, CDL truck drivers and anyone arrested for driving under the influence of alcohol, drugs or prescription medications. We exhaust all legitimate DUI defenses to get charges dismissed or reduced, and we are prepared to try your case before a judge or jury when necessary to avoid the penalties.
We fight the criminal charges and we represent clients in administrative license revocation hearings to restore driving privileges as soon as possible after a DUI arrest.