Skip to main content

DUI Lawyer in Nebraska: Expert Tips, Legal Strategies, and What to Do After a Drunk Driving Arrest

Understanding DUI Law in Nebraska

🚗💨 Nebraska takes driving under the influence (DUI), also known as driving while intoxicated (DWI) or operating a motor vehicle under the influence (OMVUI), very seriously. Penalties can range from fines and jail time to license suspension and mandatory alcohol education programs. Knowing the specifics of Nebraska's DUI laws is crucial if you've been arrested.

Defining DUI in Nebraska

⚖️ In Nebraska, it is illegal to operate or be in actual physical control of a motor vehicle while:

  • Having a blood alcohol concentration (BAC) of 0.08% or higher.
  • Under the influence of alcohol to the extent that you are incapable of safely driving.
  • Under the influence of any drug (including marijuana) to a degree that renders you incapable of safely driving.

Nebraska also has a "zero tolerance" law for drivers under the age of 21. If a driver under 21 has a BAC of 0.02% or higher, they can be charged with DUI.

First Offense DUI Penalties

⚠️ Even a first-time DUI offense in Nebraska can have significant consequences:

  • Jail Time: Up to 60 days in jail.
  • Fines: Up to $500.
  • License Suspension: Six-month license revocation.
  • Ignition Interlock Device (IID): May be required after the license revocation period.
  • Alcohol Evaluation and Treatment: Mandatory completion of an alcohol evaluation and any recommended treatment program.

Important: The penalties increase significantly for subsequent offenses.

Second and Subsequent DUI Offenses

📈 The penalties for second and subsequent DUI convictions in Nebraska are significantly harsher. These can include:

  • Second Offense: Jail time of 30 days to one year, fines of $500 to $500, license revocation of one to fifteen years, and mandatory IID installation.
  • Third Offense: Jail time of 90 days to five years, fines of $1,000 to $10,000, license revocation of three to fifteen years, and mandatory IID installation.
  • Fourth (or Subsequent) Offense: Could be charged as a felony, resulting in a prison sentence of one to 20 years, fines of up to $25,000, and a license revocation of at least 15 years.

What to Do After a DUI Arrest in Nebraska

🚨 Being arrested for DUI can be a frightening and confusing experience. Here's a step-by-step guide of what to do:

  1. Remain Silent: Politely decline to answer any questions beyond providing your name, address, and driver's license. Invoke your right to remain silent.
  2. Contact an Attorney Immediately: A DUI lawyer can advise you on your rights and help you navigate the legal process.
  3. Preserve Evidence: Gather any evidence that might be helpful to your case, such as witness statements or receipts.
  4. Understand Your Court Dates: Make sure you know when and where to appear in court. Missing a court date can have serious consequences.
  5. Comply with Administrative License Revocation: In Nebraska, your driver's license can be administratively revoked separately from the criminal case. You have a limited time to request a hearing to challenge this revocation.

Challenging a DUI Charge in Nebraska: Possible Defenses

💪 A skilled DUI lawyer can explore various defenses to challenge the charges against you. Some common defenses include:

  • Illegal Stop: If the police officer did not have a reasonable suspicion to stop you, any evidence obtained as a result of the stop may be suppressed.
  • Improper Field Sobriety Tests: Field sobriety tests are often subjective and can be challenged if they were not administered correctly or if you have a physical condition that affected your performance.
  • Problems with Breath or Blood Tests: The accuracy of breath and blood tests can be challenged based on issues with the testing equipment, procedures, or the qualifications of the person administering the test.
  • Rising Blood Alcohol Defense: This defense argues that your BAC was below the legal limit while you were driving but rose above the limit by the time you were tested.
  • Medical Conditions: Certain medical conditions can mimic the symptoms of intoxication and could be used as a defense.

The Administrative License Revocation (ALR) Hearing

🚦 In Nebraska, the Department of Motor Vehicles (DMV) can revoke your driver's license administratively if you fail or refuse a breath or blood test. You have a limited time (usually 10 days) to request an ALR hearing to challenge this revocation.

Reasons to fight the ALR:

  • The officer didn't have a reason to stop you.
  • The officer didn't have probable cause to ask for a breath or blood test.
  • The test result was inaccurate.

Winning this hearing does not dismiss the criminal DUI charge, but it allows you to keep driving while your case is pending.

Ignition Interlock Devices (IIDs) in Nebraska

🔑 An Ignition Interlock Device (IID) is a breathalyzer installed in your vehicle that prevents you from starting the car if you have alcohol on your breath. Nebraska requires IIDs for many DUI offenders, especially those with prior convictions or high BAC levels.

IID Requirements:

  • The length of time you are required to have an IID installed varies depending on the number of prior DUI convictions and your BAC level.
  • You are responsible for the costs associated with installing, maintaining, and monitoring the IID.
  • Attempting to tamper with or circumvent the IID can result in serious penalties.

Nebraska's Implied Consent Law

🤝 Nebraska has an implied consent law, which means that by operating a motor vehicle in the state, you have implicitly consented to submit to chemical testing (breath, blood, or urine) if requested by a law enforcement officer who has probable cause to believe you are driving under the influence.

Refusal to Test:

  • Refusing to submit to chemical testing can result in immediate license revocation, even if you are not ultimately convicted of DUI.
  • The fact that you refused to take the test can also be used against you in court.

DUI and Commercial Driver's Licenses (CDLs)

🚚 DUI charges carry even more severe consequences for commercial drivers. If you hold a CDL and are convicted of DUI, you will likely lose your CDL for at least one year, even for a first offense. A second DUI conviction while holding a CDL will result in a lifetime disqualification.

Potential Compensation After a DUI Arrest

💰 While you're focused on defending against DUI charges, remember, you might have grounds for compensation depending on the circumstances. These could include:

  • Civil Lawsuit Against the Driver: If you're injured by a drunk driver, you can sue them to cover your medical bills, lost income, and pain and suffering.
  • Dram Shop Law: If a bar or restaurant serves alcohol to someone who is visibly drunk and then causes an accident, that establishment may be held liable for the damages.

Finding the Right DUI Lawyer in Nebraska

🔎 Choosing the right DUI lawyer is critical to achieving the best possible outcome in your case. Look for an attorney who:

  • Has extensive experience handling DUI cases in Nebraska.
  • Is knowledgeable about Nebraska's DUI laws and procedures.
  • Is willing to thoroughly investigate your case and explore all possible defenses.
  • Is a skilled negotiator and litigator.
  • Communicates clearly and keeps you informed throughout the process.

Strategies a DUI Lawyer Might Employ

A DUI lawyer can employ numerous strategies. Here are some examples.

  • Negotiating for Reduced Charges: Sometimes, a DUI charge can be reduced to a lesser offense, such as reckless driving.
  • Plea Bargaining: A lawyer can negotiate a plea bargain with the prosecutor, which may involve pleading guilty to a lesser charge or receiving a reduced sentence.
  • Challenging Evidence: A lawyer can challenge the admissibility of evidence, such as breath or blood test results, if there are grounds to believe that the evidence was obtained illegally or is unreliable.
  • Presenting a Strong Defense at Trial: If a plea bargain cannot be reached, a lawyer can present a strong defense at trial, arguing that you were not driving under the influence or that the police did not have probable cause to arrest you.

The Importance of Acting Quickly

Time is of the essence after a DUI arrest. The sooner you contact an attorney, the better your chances of protecting your rights and building a strong defense. Don't delay – reach out to a qualified Nebraska DUI lawyer as soon as possible.

Disclaimer: This article is for informational purposes only. You should consult with an attorney to discuss your specific situation.

Labels:

Comments

Post a Comment

Popular posts from this blog

Comment Comprendre et Contester une Amende de Stationnement à Dijon, France: Guide Pratique

Comprendre et contester une amende de stationnement peut sembler complexe, mais en suivant quelques étapes simples, il est possible de naviguer ce processus efficacement. Voici un guide pratique pour vous aider à comprendre et contester une amende de stationnement reçue à Dijon, France. ### Comprendre l'Amende #### Vérification des Détails de l'Amende La première chose à faire est de vérifier toutes les informations présentes sur l'avis de contravention. Assurez-vous que les détails suivants sont corrects: - **Date et heure de l'infraction** : Vérifiez si ces informations correspondent à votre emploi du temps et si vous étiez réellement à cet endroit à ce moment. - **Lieu de l'infraction** : Confirmez l'adresse mentionnée. - **Immatriculation du véhicule** : Assurez-vous que le numéro de plaque d'immatriculation correspond bien à votre véhicule. - **Type d'infraction** : Comprenez la nature de l'infraction. Était-ce un stationnement interdit, un dépa...
Post a Comment
Read more

How to Navigate Alexandria, VA's Noise Ordinance for Homeowners: A Practical Guide

Understanding and navigating Alexandria, VA’s noise ordinance can be essential for maintaining a harmonious neighborhood and avoiding fines or other penalties. Here, we provide a comprehensive guide to help homeowners comprehend and comply with the noise regulations set by the city of Alexandria. ### Understanding the Noise Ordinance #### Definitions: 1. **Noise Disturbance**: Any sound that endangers or injures the welfare, peace, or health of humans or animals, or disturbs a reasonable person with normal sensitivities. 2. **Decibel (dB)**: A unit used to measure the intensity of a sound. 3. **Receiving Property**: The property or environment where the noise is being heard. ### Key Provisions of Alexandria’s Noise Ordinance 1. **General Prohibition**: - The ordinance prohibits excessive, unnecessary, or unusually loud sounds that unreasonably disturb the comfort and repose of persons. 2. **Maximum Permissible Sound Levels**: - Residential areas: Noise should not exceed 55 dB dur...
Post a Comment
Read more

How to File a Residential Lease Agreement in Toronto, Canada: A Comprehensive Legal Guide

1. **Understand the Basics of a Residential Lease Agreement** Before you dive into the process of filing a lease, get comfortable with what a residential lease agreement entails. In Canada, and specifically in Toronto, a residential lease agreement is a legally binding contract between a landlord and tenant. This document outlines terms and conditions such as rent amount, duration of tenancy, and obligations of both parties. 2. **Know the Legal Framework** Toronto landlords and tenants must adhere to the Residential Tenancies Act, 2006. It's crucial to familiarize yourself with this Act, as it sets forth the rules and responsibilities for both landlords and tenants. In Toronto, the Landlord and Tenant Board (LTB) is the governing body that enforces this legislation. Visit the LTB website to stay updated on any legislations or changes. 3. **Gather Necessary Information** Compile the essential information required for the lease agreement: - Full legal names of landlord(s) and tenant(...
Post a Comment
Read more