What Happens when you get a DUI in Nebraska?
In Nebraska, DUI laws call for two separate types of cases. First, a motorist will have to attend an Administrative License Revocation Hearing (ALR Hearing), which is a state civil hearing in which the fate of your driver’s license will be determined. The second type of case will be a DUI criminal court trial. During this case, the state will make every attempt to suspend the motorist’s license and convict them of DUI. If the state finds the motorist guilty, they will be required to pay expensive fines, attend DUI education courses, and possibly be sent to prison.
Call 800-672-3103 for a Free consultation. Our DUI Defense Attorneys in Nebraska know state and federal laws and have years of experience litigating DUI cases.
Nebraska DUI Punishments
Nebraska DUI laws are extremely strict for repeat offenders and for those whose BAC level at the time of arrest was .15 percent or higher. Once you are tried and convicted of DUI in Nebraska, you may suffer one or more of the following penalties:
1st DUI Conviction
• Imprisonment minimum 7 days to 60 days
• Fine up to $500
• Driver’s license suspended for up to 6 months
o Up to 1 year if BAC above .15 percent
• May be ordered to take an alcohol assessment evaluation or undergo alcohol treatment
2nd DUI Conviction
• Imprisonment minimum 30 days up to 90 days
o Minimum 90 days up to 1 year if BAC above .15 percent
• Fine up to $500
o Up to $1,000 if BAC is above .15 percent
• Driver’s license suspended 1 year
o From 1 to 15 years if BAC is above .15 percent
• May be ordered to take an alcohol assessment evaluation or undergo alcohol treatment
• Vehicle immobilized from 5 days to 8 months (may also be impounded)
• May require an ignition interlock device
3rd DUI Conviction
• Imprisonment minimum 90 days up to 1 year
o Minimum 180 days up to 5 years if BAC above .15 percent
• Fine up to $600
o Up to $10,000 if BAC is above .15 percent
• Driver’s license suspended for 2 to 15 years
o From 5 to 15 years if BAC is above .15 percent
• May be ordered to take an alcohol assessment evaluation or undergo alcohol treatment
• Vehicle immobilized from 5 days to 8 months (may also be impounded)
• May require an ignition interlock device
4th DUI Conviction
• Considered Class III Felony
• Imprisonment minimum 180 days up to 5 years
o Minimum 1 year up to 20 years if BAC above .15 percent
• Fine up to $10,000
o Up to $25,000 if BAC is above .15 percent
• Driver’s license suspended for 15 years
• May be ordered to take an alcohol assessment evaluation or undergo alcohol treatment
• Vehicle immobilized from 5 days to 8 months (may also be impounded)
• May require an ignition interlock device
5th DUI Conviction
• Considered Class III Felony
• Imprisonment minimum 1 year up to 20 years
o Minimum 1 year up to 50 years if BAC above .15 percent
• Fine up to $25,000
• Driver’s license suspended for 15 years
• May be ordered to take an alcohol assessment evaluation or undergo alcohol treatment
• Vehicle immobilized from 5 days to 8 months (may also be impounded)
• May require an ignition interlock device
Nebraska’s Implied Consent Law
The state of Nebraska imposes implied consent laws. This means that any Nebraska motorist must agree to submit to a chemical test of their blood, breath or urine to determine intoxication if an officer suspects them of DUI. Those who refuse will have their license automatically confiscated by the officer and may have their license suspended for 1 year.
How to Fight a Nebraska DUI Charge
If you have incurred a DUI charge in Nebraska, you only have 10 days from the time of your arrest to request a hearing with the Nebraska Department of Motor Vehicles (DMV) or your license will be suspended automatically. Speak to a top Nebraska DUI lawyer immediately for help in fighting for your license as well as to have your overall charges reduced.
DUI attorneys in Nebraska understand the strictness of the laws and will work hard to have your charges lowered or possibly wipe them away completely. Your paralegal will investigate the incident and try to uncover any evidence that can be used in your favor. Rest assured that when you work with an elite Nebraska DUI attorney, your case will end with the best possible resolution.
Call today to schedule a consultation with an acclaimed DUI lawyer in Nebraska to get started on your case.