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Nebraska Drunk Driving Laws

Every Nebraska drunk driving arrest is different. If you were charged with a violation of Nebraska drunk driving laws, you’ll want to read the information below to get an idea of the possible penalties and defense options for your offense. Find a knowledgeable Nebraska DUI defense attorney to help resolve your case.

Nebraska Drunk Driving Laws

Nebraska law states that a person may be charged with a DUI for either operating or being in actual physical control of a vehicle while under the influence of alcohol or drugs, or with a BAC of .08% or more.

Drivers under 21 years of age cannot have a BAC of .02% or more, and they may be subject to special penalties and restrictions. Commercial drivers cannot have a BAC of .04% or more.

Implied Consent: Yes

Enhanced Penalties: BAC of .15% or more; prior convictions within the past 15 years; child in the car; accident causing injury or death

All DUI offenders must complete a mandatory alcohol assessment and follow any recommended alcohol treatment programs. In some cases, a judge may recommend an alcohol monitoring device, vehicle immobilization, or immobilization until the offender installs an ignition interlock device (IID).

Typically, the first two offenses are misdemeanors, with penalties including:

  • First offense: a $500 fine; six-month license revocation; ignition interlock device requirement upon license reinstatement
  • Second offense: Not less than 10 days in jail or 240 hours of community work service; a $500 fine; an 18-month license revocation period; an ignition interlock device requirement upon license reinstatement

Any offenses that occur later are felonies and have increased penalties, starting at:

  • Third offense: Not less than 30 days in the county jail; a $1,000 fine; a three-year license revocation; an ignition interlock device requirement upon license reinstatement

Other penalties are determined by the number of prior convictions and may increase if there are any aggravating factors. Some offenders may be eligible for a suspended sentence, where the court allows an offender to perform community service or probation in place of going to jail.

Nebraska Drunk Driving Defenses

There are some common defense strategies that a Nebraska defense attorney might try to win your case. One defense is that the police did not have a valid reason for stopping the driver. Another defense is to challenge the accuracy of the chemical testing evidence.

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