Under Nebraska’s implied consent law any person who operates or has in his or her actual physical control a motor vehicle in Nebraska is deemed to have given his or her consent to submit to a chemical test of his or her blood or breath for the purpose of determining the concentration of alcohol in such blood or breath. If you refuse a chemical test you will face the same penalties as if you were convicted of DUI. Additionally, once an officer directs a breath test, you cannot opt for a blood or urine test.
The Penalties for a 1st DUI Conviction Include:
· Class W Misdemeanor,
· 7-60 Days in Jail,
· $400- $500 Fine, and a
· 6 Month License Revocation.
· If allowed Probation 60-day revocation and $400 Fine.
Penalties for a 2nd Conviction, within 15 years of the first:
· 30-90 Days in Jail,
· $500 Fine, and
· 1 Year License Revocation
· If allowed Probation: 10 days in jail or not less than 240 hours of community service.
Penalties for a 3rd Conviction within 15 years of the first::
· 90 Days-1 Year in Jail,
· $600 Fine, and
· 15 Year License Revocation.
· If allowed Probation: 30 days in jail and a 2-15 year license revocation.
Penalties for a 4th Conviction within 15 years of the first::
· 180 Days-5 Years in Jail,
· $1,000-$10,000 Fine, and
· 15 Year License Revocation
· If Allowed Probation: 90 days in jail, 15-year license revocation, and a $1,000 fine.
Penalties for a 5th Conviction within 15 years of the first
· 1-20 Years in Jail,
· Up to $25,000 Fine, and
· 15 Year License Revocation.
· If Allowed Probation: 180 days in jail, 15 year license revocation, and a $1,000 fine.
A person convicted of DUI in Nebraska will also:
· Have to pay for an Alcohol Assessment Evaluation,
· Possibly be ordered to attend an Alcohol Treatment Program (Up to $3,000), and
· Possible Vehicle Immobilization, or Ignition Interlock Device installed in all vehicles.
Additionally, if you are convicted of DUI in Nebraska and your BAC is at 0.15 or above you will face increased penalties. (Note: all penalties accurate as of January 2012.)
A hearing can be with or without the rules of evidence. Without, the hearing officer presents the State’s case of probable cause to pull you over. With, and an attorney appears for the State, but you have to arrange for, and pay a court reporter. The only issue is whether the officer had a legitimate reason to stop the vehicle, but it is a good avenue for preliminary discovery. The hearing officer issues a report and recommendation and someone at DMV puts the Director’s rubber stamp on it.
An Administrative License Revocation (ALR) is completely separate and distinct from any criminal sanctions or punishment imposed by the court. An ALR is when The DMV revokes your driving privileges immediately upon your arrest for DUI. The arresting officer gives you a 15 day temporary license, and a form to fill out and send to the DMV within 10 days requesting a hearing contesting the administrative revocation.