Learn the Laws & Penalties of DUI in Nebraska
Slowiaczek Albers is one of the longest-standing law firms in Omaha, Nebraska. Our attorneys
have the knowledge and professional experience to defend you against any
DUI charge you’re facing in the Omaha area. Put a team of serious,
confident attorneys on your side.
Call Slowiaczek Albers at
(402) 928-2007 or
contact our firm online for more information.
What Constitutes Driving Under the Influence?
In Nebraska, it is unlawful for a person to operate or be in “actual
physical control” of a motor vehicle:
- while under the influence of alcohol or drugs; or
- with a blood alcohol content (BAC) of .08% or more.
Note that a driver will be considered “under the influence”
when their ability to safely operate a vehicle is impaired to any “appreciable
degree.” The criminal penalties imposed for DUI convictions usually
depend on the severity of the incident, as well as the defendant’s
BAC level, whether probation or a suspended sentence is granted, and whether
the defendant has prior DUI convictions.
Penalties and Sentencing
Generally, DUI penalties are more severe if the defendant’s BAC was
.15% or more and less severe if probation (a suspended sentence) is granted.
If the sentence is suspended, the defendant is typically sentenced to
jail time but is allowed to serve all or part of the time on probation
instead of in jail. The original sentence can be reinstated if the defendant
violates probation. Note that
all DUI convictions within 15 years of the current offense are counted
as prior offenses.
A defendant can petition for an administrative hearing to contest their
license revocation. In lieu of a hearing, the individual can apply for
an IID permit to use during the revocation period. To obtain the permit,
the driver must provide proof that an IID is installed on one or more
vehicles operated by them.
Implied Consent and Consequences for Refusal
Be aware that Nebraska operates under implied consent laws that require
all drivers lawfully arrested for DUI to submit to breath, blood, and/or
urine testing. The Nebraska Department of Motor Vehicles (DMV) will revoke
the license of any motorist who fails or refuses to submit to chemical testing.
Generally, a BAC of .08% or more is deemed a failed test. However, the
threshold is even stricter for a person who holds a commercial driver’s
license, where a BAC of .04% or more is considered a failed test, and
for a person under 21 years of age, where a BAC of .02% or more is a failed test.
Drivers who refuse a chemical test will face jail and fines in addition
to their DUI penalties. Note that all DUI offenders must complete an alcohol
assessment and the recommended treatment program. The defendant is usually
responsible for all fees associated with treatment. For second and subsequent
DUI convictions, a defendant can be required to use an alcohol monitoring
device and abstain from alcohol use during the license revocation period.
Let a Serious Legal Professional Defend You
If you are facing a conviction for driving under the influence in Omaha,
it is important to enlist the help of an attorney immediately to fight
your charge. Whether this is your first or third DUI charge, effective
representation will make the difference between manageable and unfairly
severe penalties. Our attorneys at Slowiaczek Albers can represent your
DUI case and argue for mitigated penalties or even for a dismissal of
your charge, depending on the situation.
To learn more about how we can help, schedule a consultation with Slowiaczek
(402) 928-2007 or submit an
online contact form today!