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 could advocate on your behalf and build a strong defense to the charges against you.
DUI arrests can have severe consequences and trying to handle DUI charges on your own can be confusing and complicated. Between your criminal proceedings and the administrative license revocation, you are likely to face quick deadlines by which you need to take necessary actions. A proactive defense lawyer from Berry Law can make sure you meet these deadlines and work to negotiate a better resolution in your case, as well as spotting issues that could help you avoid a conviction or greatly reduce the effect the DUI arrest has on you.
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. Individuals convicted of a DUI can face jail sentences, fines, license suspensions, and mandatory ignition interlock device (IID) installation, depending on their BAC level and the number of prior convictions within 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, a person may qualify for an Ignition Interlock permit, which allows him or her to drive with an Ignition Interlock Device (IID) installed in the vehicle.
If the court suspends the jail sentence of a first-offense DUI and places a person on probation, they are 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, a 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, anyone facing these charges may apply for an IID permit during the license revocation period.
Second-Offense Charges in Nebraska
For a second-offense DUI that occurs within 15 years of the first offense, the offense is still a Class W misdemeanor, but a conviction will result in harsher penalties, including 30 to 90 days in jail. Per Neb. Rev. Stat. § 60-6,197.03, a person will also face a license revocation of 18 months and is not eligible for an IID permit for the first 45 days. A second DUI offense also will result in a $500 fine and a person may have to pay for the immobilization of his or her vehicle at an impound lot for five days to eight months, unless he or she can prove that the vehicle is necessary his or her employment.
If someone receives a sentence of probation for a second-offense DUI, he or she is still subject to the 18-month license suspension and inability to obtain an IID permit for 45 days. He or she must 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 their BAC measures 0.15 percent or more at the time of the arrest, a person can face a jail sentence ranging from 90 days to one year. Additionally, the potential license suspension may 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, contacting a DUI attorney in Nebraska is likely to be very beneficial.
A Nebraska DUI Attorney Can Help
Rather than immediately admitting guilt to DUI charges, you should educate yourself about Nebraska DUI law and the options that may be available to you. A Nebraska DUI lawyer can evaluate your circumstances, explore your options, and work toward the most effective defense strategy in your case. Call Berry Law for a confidential consultation and begin fighting your DUI charge today.