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DUI in Nebraska

DWI in Nebraska

Nebraska, like other states, has instituted harsh penalties for driving under the influence of drugs or alcohol. Drivers who have been arrested for DUI should speak to a Nebraska DUI lawyer as soon as possible.

Drivers who refuse to take a chemical test when they are stopped for a DUI may lose their license. It is important for drivers to act quickly after the DUI arrest to request an administrative hearing. Failure to request a hearing will eliminate a driver's chance to challenge their license revocation. A Nebraska DUI attorney can review the DUI charges and help drivers schedule their administrative hearing.

A DUI arrest is serious, and Nebraska DUI laws can be complicated. There is no reason to try to handle this alone. DUI laws vary by state. Nebraska's DUI laws will have different penalties which can be very serious and can include:

  • Large penalties and fines
  • Potential jail time
  • Drug and alcohol treatment
  • An increase in your insurance cost
  • Driver's license suspension

DUI in Nebraska
Nebraska law defines "driving under the influence" or DUI as operating or being in actual physical control of a motor vehicle while under the influence of any drug or alcoholic beverage or having a blood alcohol concentration (BAC) of 0.08% or higher. Drivers who have passed the legal BAC limit for DUI do not have to exhibit any physical or mental impairment to be arrested.

Drivers who are under the age of 21 can be arrested for DUI when their BAC is 0.02% or higher. Commercial drivers can be arrested for DUI if their BAC is 0.04% or higher.

Under Nebraska's implied consent law, it is illegal for a driver to refuse to submit to a chemical test of their breath, blood or urine if requested to do so by a Nebraska state police officer. Drivers who refuse to take a chemical test can lose their license for 90 days to 1 year. Drivers generally have up to 10 days after their DUI arrest to challenge their license suspension.

Penalties for DUI in Nebraska

First DUI offense - Class W Misdemeanor

  • Required minimum jail stay of 7 days up to 60 days
  • Required to pay up to a $500 fine
  • Potentially required to attend an alcohol assessment and treatment course
  • License suspension up to 6 months
  • If the driver's BAC is 0.15% or higher their license suspension could be up to 1 year
  • Possible attendance in an alcohol assessment and treatment class

Second DUI offense - Class W Misdemeanor

  • Required minimum jail stay of 30 days up to 6 months
  • If the driver's BAC is 0.15% or higher the jail stay is a minimum of 90 days up to 1 year
  • Required to pay up to a $500 fine
  • Required to pay up to $1,000 if the driver's BAC is 0.15% or higher
  • Potentially required to attend an alcohol assessment and treatment course
  • License suspension for 1 year
  • License suspension for 1 year to 15 years if the driver's BAC is 0.15% or higher
  • Vehicle immobilization for 5 days up to 8 months
  • Potential vehicle impoundment
  • Potential installation of a Ignition Interlock Device

Third DUI offense

  • Required minimum jail stay of 90 days up to 1 year
  • If the driver's BAC is 0.15% or higher the jail stay is a minimum of 180 days up to 5 year
  • Required to pay up to a $600 fine
  • Required to pay up to $10,000 if the driver's BAC is 0.15% or higher
  • Potentially required to attend an alcohol assessment and treatment course
  • License suspension for 2 to 15 years
  • License suspension for 5 year to 15 years if the driver's BAC is 0.15% or higher
  • Vehicle immobilization for 5 days up to 8 months
  • Potential vehicle impoundment
  • Potential installation of an Ignition Interlock Device

Do I need to hire a Nebraska criminal defense lawyer?
Drivers do not have to hire a Nebraska DUI lawyer, but most lawyers will offer a free initial consultation so drivers do not have anything to lose. It is always a good idea to make sure you understand the complexities of Nebraska law before pleading guilty to a DUI charge. If this is your first, second or third charge or if you have injured or killed another person, you could be facing severe penalties.

I have heard a variety of terms: OWI, DUI, DWI - what do they all mean?
Different states use a variety of acronyms to describe intoxicated driving. Texas, for instance, commonly refers to drunk driving as DWI or "driving while intoxicated". Nebraska more commonly refers to drunk driving as "driving under the influence" or DUI. Most terms have basically the same meaning, but the penalties for drunk driving vary by state. A Nebraska DUI lawyer can be contacted for more information.