First offense DUI laws across the nation are often very similar. Many activist groups have pursued stricter penalties for DUI offenders, and because of this, many sentencing policies are now standardized. To some extent, you know what to expect when you are arrested for your first DUI no matter what state you're in. The legal blood alcohol content limit is .08 in every state, and while you're guaranteed to be arrested if your BAC level is over .08, officers can also ticket you with DUI if you are otherwise impaired and your BAC is below .08. In Nebraska, you can expect to follow a fairly standard procedure if you are charged with and convicted of DUI.
Like most states, if you are charged with a DUI in Nebraska, the state's department of motor vehicles and the state courts will hold you civilly and criminally accountable, respectively. Your license will automatically be suspended for six months by the Nebraska Department of Motor Vehicles (DMV) under the Administrative License Revocation law.
To maintain your license or apply for a temporary, restricted driving permit to go to work or school, you must file for a hearing with the Nebraska DMV within 10 days of your arrest. At this hearing, you will have to explain your need for a restricted license, which may limit the areas in which you can drive and the hours when you are allowed on the road.
A first offense DUI in Nebraska is a misdemeanor in most cases, unless serious injury or death is a result of the accident. For a misdemeanor charge, you can be sentenced to between seven and 60 days in jail, though jail sentences are often suspended in favor of probation or community service.
Like most states, fines for a first offense DUI in Nebraska will vary. Fines are officially between $400 and $500 for your first offense, but court costs, legal fees and any fees related to licensing and maintaining insurance through an SR-22 filing will likely add to the financial burden of a DUI charge.
You may also be sentenced to complete an alcohol and drug awareness or reckless driving class. The court may provide resources, but in some cases these courses are privately operated and have their own fee schedule.
If you are arrested for a DUI and it is your first offense, consider contacting an experienced DUI attorney. In some cases, an experienced attorney can help get your charges reduced, and at the least, can give you a good idea of the total fees you will face from the court and the DMV.
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Recently on our DUI forum a user asked, “I am twenty years of age. I was arrested for a California DUI. I am wondering what will happen to me now and what steps I need to take. Do I need to talk to a DUI lawyer?”