Getting charged with DUI is not a laughing matter, and the State of Nebraska punishes drunk drivers harshly. One of the first things that happens when you get arrested for a DUI is that your driver’s license will be suspended.
This suspension is based on the ALR; however, depending on your conviction and blood alcohol content at the time of the offense, you can be subject to additional penalties in criminal court.
Points
The State of Nebraska, like most states, carries severe penalties for drivers convicted of DUI offenses. A first-time DUI is a misdemeanor, and subsequent convictions are felonies.
The maximum penalty for a 3rd DUI in Nebraska with a BAC over 0.15% is up to 15 years of license suspension and a fine of up to $1,000. In addition, the offender faces jail time and alcohol/drug treatment requirements.
You must sign within ten days of being arrested for a DUI-related crime to avoid fines, community service, driver responsibility fees, and points on your driving record. You may be able to get your charges dropped by having evidence suppressed or by having the charge reduced.
License Suspension
The state could suspend or revoke their license when a driver is arrested on DUI charges. The first time this happened was an administrative license revocation (ARL), not a criminal court conviction. However, if the judge presiding over your case decides your BAC was above 15%, the repercussions are much different. Penalties for this Class W misdemeanor include:
- A $500 fine.
- Two days in jail.
- One year of license suspension.
- One hundred twenty hours of community service.
During this suspension, drivers may get a restricted license if they complete an alcohol education program and install an ignition interlock device.
Jail Time
A DUI is considered a crime and can result in jail time. The length of any jail sentence can vary depending on the charges a driver is facing and their blood alcohol level when they were arrested.
DUI offenders may be ordered to participate in alcohol assessment and treatment programs. Installing and maintaining an ignition interlock device on their car may also be necessary.
Depending on a variety of factors, including the driver’s past conviction history and blood alcohol content, a driver suspected of a third DUI may face misdemeanor or felony charges. Aggravating conditions can potentially escalate a misdemeanor DUI to a felony, such as inflicting injury or death while driving under the influence.
Fines
In addition to criminal penalties, the state may impose fines for driving under the influence, contingent on your blood alcohol level (BAC) and prior DUI conviction history. By law, the Department of Motor Vehicles may suspend your license through an administrative procedure.
Suspensions and revocations can result from convictions, certain traffic violations, refusal to take an alcohol test, and violating the state’s implied consent laws. If this is your third offense, you may face a fine of up to $1,000, ninety-nine to one year in jail, and a fifteen-year license suspension. Additionally, any vehicle you drive may need an ignition interlock device installed and used.
Treatment
An experienced DUI defense attorney can help you deal with the severe penalties and consequences of a third conviction. A conviction for DUI is a crime and carries significant jail time, fines, and probation.
Police officers suspecting that a driver is intoxicated will often request them to submit to breath, blood, or urine tests. Due to the state’s implied consent laws, refusal could result in license revocation.
A person’s criminal charges for DUI may be dismissed or reduced by completing the pretrial diversion program. It is only available to first-time offenders and does not include DUIs with high BAC levels or prior convictions. A skilled attorney can also challenge the validity of field sobriety test results and question the officer’s judgment.