Driving under the influence of drugs or alcohol is illegal in Nebraska, and if caught, you’ll soon be confronted multiple legal problems. Regrettably, the hassles associated with a drunken or drugged driving don’t stop with the legal aspects, there are economic and personal repercussions. Once you learn the penalties associated with a first, second, or subsequent DUI, you’ll understand why you need a defense strategy.
Immediate Consequences of DUI Arrest in Lincoln
Under Nebraska Revised Statute 60-6,196, you can be charged with a DUI in Lincoln if:
You are over 21 and have a BAC of 0.08 percent or higher
You are a commercial driver and have a BAC of 0.04 percent
You are under 21 and have a BAC of 0.02 percent
The majority of DUIs involve drunk motorists, but a growing number of DUIs involve motorists under the influence of drugs such a marijuana or legally prescribed pharmaceuticals. Whether your charge involves drugs or alcohol, the penalties are the same, and a conviction is going to stay on your record for several years.
After being pulled over and being put through field sobriety tests, including a breathalyzer, an officer can place you under arrest if they have probable cause. Once under arrest, you will be taken to a local lockup, perhaps one listed below booked and detained until your arraignment or someone can bail you out. You can have someone you know bail you out or a DUI lawyer in Lincoln can bail you out.
Bail is determined by the severity of your charge and is generally based on the fines associated with your DUI, which range between a few hundred up to several thousand.
Lancaster County Department of Corrections
3801 W O St.,
Lincoln, NE 68528
Lincoln Police Department
575 S 10th St,
Lincoln, NE 68508
Inmate Locator: lincoln.ne.gov
In most cases, DUIs are not treated as harshly as other criminal acts, and you won’t be detained for a long period. Unless the circumstances of your arrest are egregious, you will likely be released within 24 hours with only a citation. Your indictment may come later after the prosecution has received the results of blood or chemical test which could take weeks.
The most police can hold you without charging you is 72 hours.
Most roadside stops and arrests go smoothly, but such situations can be tense, and sometimes each party loses their cool. Police have a dangerous and difficult job to do, so they have the latitude to use force when a stop gets out of control, but they don’t have a license to use excessive force or charge you wrongfully. If an officer used excessive force and hurt you or framed you, USAttorneys.com recommends you speak to a police brutality lawyer in Nebraska.
Driver’s License Suspension and Limited Driving Privileges
Your arrest is also going to result in an administrative suspension of your driver’s license. An officer will issue you a temporary driver’s license which is valid for 15 days. After that time, your license will be revoked if you haven’t taken steps to get limited driving privileges.
To retain some driving privileges, you must request an Administrative Hearing no more than ten days after receiving the notice of revocation, or you can install an ignition interlock device.
You can waive your right to an Administrative License Suspension by agreeing to install an ignition interlock device in your car. If this is the option you choose, you must apply for a permit and send it to the address below:
Department of Motor Vehicles,
301 Centennial Mall South, P.O. Box 94877,
Lincoln, NE 68509-4877
For more information about IIDs visit: https://dmv.nebraska.gov/fr/ignition-interlock-permit
Administrative hearings are separate from the criminal proceedings and only determine if you will be granted limited driving privileges or have your driver’s license reissued.
Criminal Penalties for DUI in Nebraska
First DUI Offense
Jail: Ten days
Driver’s license: Six months revocation
Second DUI Offense
Jail: Mandatory minimum of 30 days up to 90 days
Driver’s License: Revocation up to six months
Third DUI Offense
Jail: Mandatory minimum of 90 days up to 180 days
Driver’s License- Revocation for 15 years
There are plenty of reasons discussed above to get legal help, but if that is not enough to convince you, consider the costs of conviction. Some of the costs include:
Court costs- Up to $500
Fines between- $500 to $2,500
Probation costs- Including an enrollment fee and $25 to $35 a month for term of probation
SR-22 Insurance-You may have to maintain this high-cost insurance policy for two to three years at an average cost of $2,000 a year
Costs of Alcohol and Substance Abuse Treatment
IID- installation and monthly costs
The costs of DUI vary depending on where you live, but you can count on paying well over $10,000 by the time you’re done with the legal consequences. Legal fees can be high too, but don’t match the costs of conviction. You will have fewer legal problems and expenses if you fight your conviction and win. We recommend you contact a DUI lawyer in Lincoln to work on your defense.
Alleged DUI offenders who are immigrants should speak with an immigration lawyer near their Nebraska location to see if their charges will put their immigration status at risk.