Nebraska’s DUI laws are among the strictest in the nation. As public awareness regarding DUI repercussions has risen, Nebraska’s legislators have passed additional laws in the name of public safety. At the same time, patrol officers have begun aggressively enforcing the laws.
In Nebraska it is unlawful to operate a vehicle while under the influence of alcohol, drugs or both. The state will prosecute this on two different fronts: Nebraska’s ‘per se’ law dictates that driving with blood alcohol of .08 or higher is against the law and grounds for arrest. Further, if there are no blood alcohol test results available, you can still be charged and arrested if the officer has determined that you are under the influence and impaired to a degree that you’re unable to safely operate the vehicle. If you are stopped for suspicion of DUI, you will probably be asked to perform field sobriety tests outside the car. It is your right to refuse these tests without suffering any penalties. However if you are asked to take a breath or blood test, a refusal will bring significant penalties including extended license suspension. By accepting a driver’s license, you have given the state your ‘implied consent’ to administer breath or chemical tests.
Upon arrest, two separate legal cases will begin against you. Your license will be taken away immediately and suspended. You will have 10 days to request a hearing with the DMV to contest your suspension. If you fail to do so, your license will automatically be suspended with no further recourse possible. You will want to have a skilled DUI attorney with you to fight for your rights in this hearing. The second case will be your criminal case, which will deal with fines and fees, alcohol treatment and education programs, and jail time.
A DUI is not a charge to be taken lightly. If you are facing a DUI in Nebraska, it is imperative that you contact an experienced DUI attorney familiar with local laws as soon as possible. The sooner you hire an attorney, the more time there will be to prepare your case. Documents must be requested and received. Motions must be filed with the court. And expert witnesses will have to be scheduled. Don’t take a chance on your future. A DUI conviction stays on your record for life. Contact a local Nebraska DUI attorney for a free consultation regarding your case right away.
If you are arrested outside your home state, be sure to ask your attorney how this law will impact you.
• Incarceration – 7 to 60 days jail
• Fines – $400 to $500 plus court costs
• License Suspension – 6 months to 1 year; Reinstatement fee $50
• Limited License – possible after 30 days suspension, with SR22 and Igniton Interlock required
• Ignition Interlock – required for limited license at your expense, approximately $90 installation and $75 monthly
• Insurance – SR22 high-risk driver insurance required for 3 years; necessary before license reinstatement
ADDITIONAL COSTS AND CONSEQUENCES
• Bail – set by the court, required for release
• Towing – tow fee $75 to $100 plus additional fee for daily storage
• Insurance – you will be designated as a high risk driver and your insurance will increase drastically. Expect your rates to double or more.
• Record – DUI conviction will remain on driving record permanently
• Employment – offender may lose time off work and possibly even their job.
• Immigration and travel – restrictions can apply with certain convictions
Additional offenses and considerations will bring significantly higher penalties, up to 20 years in prison and $25,000 in fines. Don’t take a chance with your freedom. It is highly recommended that you contact a qualified DUI attorney right away for a FREE CONSULTATION on your case. Your case CAN be won with the right representation.