| Nebraska DUI Law | | | | happens automatically once the arrest has taken |
| Nebraska law makes it illegal for anyone to operate a | | | | place, but you have the option of requesting a hearing |
| vehicle while under the influence of alcohol or drugs. | | | | in front of the DMV. This request must be made within |
| These laws are known as the DUI laws and are in | | | | ten days or you will lose your driving privileges in |
| place to help protect people who are using Nebraska's | | | | Nebraska. Make your request as soon as possible |
| roadways. When you are arrested and convicted for | | | | after your arrest so that you have a cushion of time |
| a DUI offense in Nebraska, you are facing criminal and | | | | to use if a problem should occur. If you wait until the |
| administrative penalties that have the power to turn | | | | 9th day to make your request, something may go |
| your life upside down. Because the consequences of | | | | wrong with the phone lines or something else you |
| being convicted of driving under the influence are so | | | | need to make your request and then you will be in |
| dire, it is important that you contact a Nebraska DUI | | | | danger of missing the deadline. During the hearing, |
| lawyer immediately after your arrest so your rights | | | | important information will be considered such as the |
| can be preserved and you have the best chance of | | | | legality of the arrest or the chemical testing available |
| defending yourself against the charges. | | | | from the case. The hearing officer presiding over the |
| Nebraska DUI Arrests | | | | case will recommend if you should lose your license or |
| When you are arrested for a DUI in Nebraska, the | | | | have it returned to you. The Director makes the final |
| arrest will trigger two completely separate cases | | | | decision about your driving privileges. |
| against you. One is a criminal court case where a | | | | If you lose this hearing, your license will be suspended |
| prosecutor will attempt to have you convicted of drunk | | | | for 90 days and you will be able to get a restricted |
| driving and be penalized according to the law. The | | | | work license after 30 days of the suspension. If you |
| second is an administrative case where the state will | | | | have a second or subsequent offense, your license will |
| try to suspend your driving privileges. This is called an | | | | be suspended for one year and you will not be able to |
| Administrative License Revocation Hearing and can be | | | | get a work permit or drive for any reason. If you are |
| an important part of your case. Having a Nebraska | | | | convicted of DUI, the court will separately impose |
| DUI attorney represent you during this hearing can help | | | | license suspension penalties. For a first offense, the |
| you to save your driving privileges and may also help | | | | penalty is 60 days if you are sentenced to probation |
| you during your criminal court case. | | | | or 6 months if you have to serve jail time. A second |
| Like many states, Nebraska has two theories under | | | | offense will result in a suspension of one year whether |
| which someone who has been charged with DUI can | | | | you are sentenced to jail time or not. A third offense |
| be prosecuted. The first involves the impairment of the | | | | will result in a one year suspension if you are given |
| driver in question. The prosecutor will use driving habits, | | | | probation and a fifteen year suspension if you have to |
| failed sobriety tests, and the appearance of the driver | | | | serve jail time. A fourth offense also results in a one |
| to try to prove that the driver was too impaired to | | | | year suspension with probation or a fifteen year |
| safely operate a motor vehicle. The second theory | | | | suspension with jail time. In some of the courts, you |
| involves the "per se" DUI law in Nebraska. Impairment | | | | may be allowed to drive if you have an ignition |
| is not the issue in this type of case. This type of case | | | | interlock device installed in your vehicle, but that is up to |
| solely involves the chemical test results obtained from | | | | the court. All of this information makes DUI a very |
| a sample given by the defendant. Even if the driver did | | | | complex case, so it is important that you have a |
| not smell of alcohol or show any bad driving patterns, | | | | Nebraska DUI attorney to defend you against DUI |
| they can still be convicted of driving under the influence | | | | charges. |
| if the chemical testing reveals a blood alcohol | | | | Nebraska DUI Criminal Penalties |
| concentration level of 0.08% or greater. If charged with | | | | If you are convicted of a driving under the influence |
| DUI, the driver has the right to a jury trial where the | | | | charge, you will face penalties that vary depending on |
| prosecutor must prove beyond a reasonable doubt | | | | the level of offense and any other specific factors. For |
| that the defendant is guilty of driving under the | | | | a first offense, the minimum penalty is 7 days in jail and |
| influence. If even one of the jurors does not believe | | | | a $400 fine. The maximum penalty for a first offense |
| that the defendant was under the influence beyond a | | | | is 60 days of jail time and a $500 fine. For a second |
| reasonable doubt, it will result in a hung jury and the DUI | | | | DUI offense, the minimum penalty is 30 days in jail and |
| charges may be dismissed. | | | | a $500 fine. The maximum penalty for a second DUI |
| Administrative Driver's License Suspension | | | | offense is 30 days in jail and a $500 fine. For a third |
| The Nebraska DMV may suspend the driving | | | | offense, the minimum penalty is 9 days in jail and a |
| privileges of someone who is arrested for driving | | | | $600 fine. The maximum penalty for a third DUI |
| under the influence in Nebraska. This suspension | | | | offense is one year in jail and a $600 fine. |