Finding A DUI Lawyer in Nebraska
Driving under the influence (DUI) is a serious offense in Nebraska. If you’ve been arrested for a DUI in Nebraska, it is important to understand the laws surrounding DUI arrests in the state. Finding a top-rated DUI lawyer in Nebraska can provide your best chance for beating a Nebraska DUI charge.
A Nebraska DUI conviction can result in severe consequences, including fines, driver’s license suspension, and even jail time. We will explore the rate of DUI arrests in Nebraska over the past few years and how getting a Nebraska DUI lawyer can help you keep your driving record clean.
What is the Definition of a DUI in Nebraska?
In the State of Nebraska, the legal offense of operating a motor vehicle while impaired by alcohol or drugs is termed DUI. This is codified under Nebraska Revised Statute 60-6,196. Unlike some states that use both DUI and DWI terms, Nebraska exclusively uses the term DUI in its legal code to define such offenses.
Legal Definition for DUI in Nebraska
An individual is considered to be committing a DUI offense if they are:
- Operating a motor vehicle with a Blood Alcohol Content (BAC) of 0.08% or higher.
- Driving a motor vehicle while under the influence of alcoholic liquor or any drug.
Nebraska law stipulates that DUI includes not only alcohol but also other drugs that can impair driving. This includes both illicit drugs and certain prescription medications.
In addition to criminal penalties, Nebraska employs an administrative license revocation system. This can occur when someone fails or refuses a chemical test. Higher BAC levels (e.g., 0.15% or higher), prior DUI convictions, or DUIs resulting in serious injury or death may lead to enhanced penalties, including longer imprisonment terms and higher fines.
DUI Arrest Rates in Nebraska
According to the Nebraska Department of Transportation, there were 5,425 DUI arrests in Nebraska in 2020. This marks a decrease from the 6,426 DUI arrests made in 2019. The majority of DUI arrests in Nebraska occur in Douglas County, which includes the city of Omaha.
The complexity and severity of DUI laws make it advisable for individuals in such situations to consult with a Nebraska DUI attorney specializing in DUI defense. Having the support and guidance of a criminal defense law firm in Nebraska can make the difference in an innocent or guilty verdict.
Penalties for DUI in Nebraska
The penalties for a DUI in Nebraska can be severe, depending on the circumstances of the case. The following is a general overview of the penalties for DUI in Nebraska:
First DUI in Nebraska
- A fine of up to $500
- License suspension for six months
- Possible jail time of up to 60 days
- Possible installation of ignition interlock device (IID)
Second DUI in Nebraska
- A fine of up to $1,000
- License suspension for one year
- Mandatory jail time of at least 30 days, up to six months
- Mandatory installation of IID
Third DUI in Nebraska
- A Felony DUI charge, punishable by up to five years in prison and a fine of up to $10,000
- License revocation for 15 years
- Mandatory jail time of at least 90 days, up to five years
- Mandatory installation of IID
Fourth DUI in Nebraska
- A felony charge, punishable by up to 20 years in prison and a fine of up to $25,000
- License revocation for 15 years
- Mandatory jail time of at least one year, up to 20 years
- Mandatory installation of IID
It is important to note that these penalties are a general overview and that the specific penalties for DUI in Nebraska may vary depending on the circumstances of the case.
Ignition Interlock Devices
In addition to the above penalties, Nebraska also requires the installation of an ignition interlock device (IID) for some DUI offenders. An IID is a device that is installed in a vehicle that requires the driver to blow into it before the car will start. If the device detects alcohol on the driver’s breath, the car will not start.
In Nebraska, an IID is required for:
- Second and subsequent DUI offenses
- First offense with a BAC of 0.15 or higher
- First offense with a passenger under the age of 18 in the vehicle
The cost of installing and maintaining an IID can be substantial, and it is important to discuss the potential requirement of an IID with your Nebraska DUI lawyer.
How a Nebraska DUI Lawyer Can Help You Beat a DUI Charge
One of the main ways that a Nebraska DUI lawyer can help you beat a DUI charge is by investigating the circumstances surrounding your arrest. This includes reviewing the police report, blood alcohol content (BAC) test results, and any other evidence that may have been gathered by the arresting officer.
Your Nebraska DUI lawyer may also question the officer’s actions during the arrest. This could include whether they had probable cause to stop you in the first place or if they followed proper procedure during the arrest. They may also question the validity of field sobriety tests, DUI breath tests, and DUI blood tests. Disqualifying these tests from evidence can be a deathblow to any DUI prosecution.
Top Nebraska DUI Lawyers
If you have been charged with a DUI in Nebraska, it is essential to seek the assistance of an experienced Nebraska DUI lawyer. An experienced DUI lawyer in Nebraska can provide you with the legal guidance and representation you need to help you beat your DUI charge.
More Nebraska DUI Resources
If you need a DUI lawyer in a specific city in Nebraska, we also have pages for DUI lawyers across the state. Read our helpful and informative articles below to find a DUI lawyer near you. Also, you can call 1-888-839-4384 anytime for a free consultation.
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