Nebraska Revised Statute § 60-6,196, prohibits driving the influence of alcohol or drugs. These charges are commonly called DUIs. DUI charges carry mandatory penalties in Nebraska. This means that the judge is required to impose a fine, revoke your driver’s license, and impose either jail or probation as punishment. So what is the penalty for a DUI in Nebraska? The extent of punishment required for a DUI depends on the amount of alcohol in your system and the number of times you have been convicted of DUI.
How is a DUI proven?
A DUI can be proven by:
- by a test of your blood or breath to determine your blood/ breath alcohol level (BAC);
- by observations of your degree of impairment in terms of your driving behavior and performance on field sobriety tests (FSTs); or
- as with a DUI Drugs, a Drug Recognition Expert (DRE) can testify that you are impaired, and use a urine test to confirm you had a specific type of drugs in your system.
There are three important BAC thresholds: .02, .08, and .15. These thresholds refer to the concentration of alcohol per ml/ liters of your blood or breath. .02 is the threshold for minors, .08 is the legal limit for all drivers, and .15 is the cutoff for an “aggravated” DUI.
Once found guilty, the Judge can impose either probation or a “straight sentence,” meaning a term of jail or prison time. If the judge imposes a term of probation, there may also be a mandatory jail term, although the amount of jail is usually less time than required for a straight sentence on the same offense.
Under Nebraska Revised Statute § 60-6,167.09, someone who is charged with an additional DUI offense while one is pending, is not eligible for probation on either offense.
What are the penalties for a DUI conviction?
Below are the possible penalties for a DUI conviction, considering the individuals BAC and the number of previous qualifying DUI convictions. The license revocation periods also require periods of “vehicle immobilization” or ignition interlock use. Additionally, the Court can require use of a continuous alcohol monitoring device (CAMD) or demand periods of sobriety with the more serious offenses.
1st Offense DUI with a BAC below 0.15:
- Offense Level: Class W Misdemeanor
- Probationary Term: No jail, $500 fine, and 60 days license revocation
- Straight Sentence: Jail for 7 to 60 days, $500 fine, and 6-month license revocation
1st Offense DUI with a BAC above 0.15:
- Offense Level: Class W Misdemeanor
- Probationary Term: 2 days jail or 120 hours of community service, $500 fine, and 1 year license revocation
- Straight Sentence: Jail for 7 to 60 days, $500 fine, and 1 year license revocation
2nd Offense DUI with a BAC below 0.15:
- Offense Level: Class W Misdemeanor
- Probationary Term: 10 days jail or 240 hours community service, $500 fine, and 18-month license revocation
- Straight Sentence: 30 days to 6 months jail, $500 fine, and 18-month license revocation
2nd Offense DUI with a BAC above 0.15:
- Offense Level: Class I Misdemeanor
- Probationary Term: 30 days jail, $1,000 fine, and 18 months license revocation
- Straight Sentence: 90 days to 1 year jail, $1,000 fine, and 18 months to 15 years license revocation
3rd Offense DUI with a BAC below 0.15:
- Offense Level: Class W Misdemeanor
- Probationary Term: 30 days jail, $1,000 fine, and 2 to 15 years license revocation
- Straight Sentence: 90 days to 1 year jail, $1,000 fine, and 15-year license revocation
3rd Offense DUI with a BAC above 0.15:
- Offense Level: Class IIIA Felony
- Probationary Term: 60 days jail, $1,000 fine, and 15 years license revocation
- Straight Sentence: 180 days to 3 years jail/prison, post release supervision, and/or $10,000 fine, and 15 years license revocation
4th Offense DUI with a BAC below 0.15:
- Offense Level: Class IIIA Felony
- Probationary Term: 90 days jail, $2,000 fine, and 15 years license revocation
- Straight Sentence: 180 days to 3 years jail/prison, post release supervision, and/or $10,000 fine, and 15 years license revocation
4th Offense DUI with a BAC above 0.15:
- Offense Level: Class IIA Felony
- Probationary Term: 120 days jail, $2,000 fine, and 15 years license revocation
- Straight Sentence: 1 to 20 years prison and 15 years license revocation
5th or Subsequent Offense DUI with a BAC below 0.15:
- Offense Level: Class IIA Felony
- Probationary Term: 180 days jail, $2,000 fine, and 15 years license revocation
- Straight Sentence: 2 to 20 years prison and 15 years license revocation
5th or Subsequent Offense DUI with a BAC above 0.15:
- Offense Level: Class II Felony
- Probationary Term: 180 days jail, $2,000 fine, and 15 years license revocation
- Straight Sentence: 2 to 50 years prison and 15 years license revocation
Prior DUI Convictions and Penalties for a DUI in Nebraska
Nebraska’s DUI statutes “look back” 15 years to determine if a prior DUI is a “valid” conviction to enhance the penalties for the present DUI conviction. For example, if someone was convicted of a DUI 10 years ago and received another DUI, the present DUI would be enhanced to a 2nd offense. On the other hand, if a person had a DUI 20 years ago and received another DUI, the present DUI would not be enhanced to a 2nd offense DUI because the first DUI was more than 15 years ago. The cutoff for the enhancement period also includes any relevant appeal period.
Nebraska Revised Statute § 60-6,197.02 provides that a DUI in Nebraska can be enhanced to a subsequent offense even if the prior DUI(s) occurred in a different state if the laws are comparable. A skilled attorney will closely analyze the laws of other states to ensure that the prior qualifies for enhancement here.
Even if a prior does not qualify for enhancement, the Court may consider the prior offense as part of your criminal history and use it as evidence of a broader pattern of substance abuse or dependence. Oftentimes, the Court will expect you to obtain a drug and alcohol evaluation from a licensed practitioner to determine your degree of addiction.
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Talk to an Experienced DUI Attorney at Berry Law Today
If you have been charged with a DUI in Nebraska, an experienced DUI attorney can help you navigate this process. The attorneys at Berry Law will help prepare your defense to fight the jarring penalties of a DUI conviction. Call us to today at 402-207-9878.
