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DUI Laws in Nebraska

Driving under the influence of alcohol and/or drugs is a serious offense in Nebraska. State prosecutors come down hard on this offense in an effort to protect the public and punish those in violation of DUI law. If you are convicted, even on a first offense, you will be required to serve a mandatory jail sentence. You will face heavy fines, a license suspension, the potential for completion of an alcohol education class, and increased auto insurance premiums.

Finally, a conviction will leave you with a permanent criminal record that can impair your future ability to get employment, rental housing, educational aid, and professional licenses, such as those for real estate, nursing, pharmacy, piloting, and more.

Arrested for a first or repeat DUI? Contact Scarff Law Firm online or at (402) 267-9774 to schedule a free, initial consultation today.

Your first priority in any DUI arrest should be to contact a proven criminal defense attorney. In this situation, we highly recommend that you call Scarff Law Firm as soon as possible. Our Omaha DUI defense attorney can begin investigating all the various aspects of your arrest, from police work to how chemical tests were conducted, whether the machinery used was reliable, and more.

Many factors of any DUI arrest may be subject to errors that can weaken or invalidate the state’s case against you. Our firm will explore them all.

What is Considered Driving Under the Influence?

You can be arrested for DUI in the state under two circumstances. Both of these involve being in physical control (even if you are not actually driving) of your vehicle.

They include:

  • Having a blood alcohol concentration (BAC) of .08 percent or higher as evidenced by a breathalyzer test and scientific evidence

  • Being observed by law enforcement as having impaired faculties from alcohol and/or drugs such as slurred speech, bloodshot eyes, alcohol odor, and other physical manifestations

Evidence such as the results of field sobriety tests conducted by the arresting officer may also be submitted by the prosecutor. These can often be challenged and refuted by your attorney.

What is Nebraska’s Implied Consent Law?

You are not under any obligation to comply with such tests though you are obligated to submit to a chemical test when requested by law enforcement under “implied consent” laws. Implied consent means that when you accepted your driver’s license from the state you agreed to such testing.

What are the Penalties for DUI In Nebraska?

The penalties you face will depend on the level of your BAC, whether you have previous convictions, and whether you are granted probation in lieu of jail time.

First-Offense DUI

In Nebraska, a first offense DUI is charged as Class W Misdemeanor and you will face the following penalties:

  • Jail Time - Up to 60 days in jail
  • Fines - A fine of up to $500
  • License Suspension - Six-month license suspension
  • You will also likely be required to undergo an alcohol assessment along with any treatment recommended by the court. Such treatment is generally at your own expense.

If your BAC measured .15 percent or higher, you will likely face more severe penalties, such as a one-year suspension, rather than six months. Previous convictions will also result in steeper penalties. These are calculated by a “lookback” period of 15 years.

Second DUI Offense:

  • Up to 6 months in jail
  • A fine of up to $500
  • 18 month license suspension

Third DUI Offense:

  • Up to one year in jail
  • A fine of up to $1,000
  • 15 year license suspension

Field Sobriety Tests

The Standardized Field Sobriety Test (SFST) is made of up 3 individual tests:

  • Horizontal Gaze Nystagmus (HGN) test - In this test the officer will observe the eyes of the person in question as they slowly move a pen or small object back and forth to look for indicators in each eye that the person is intoxicated.
  • Walk-and-turn test - In this test, the officer instructs the person to take nine steps, touching heel-to-toe in a straight line and the return back. The officer is looking for signs that the person is intoxicated such as not being able to keep their balance or not following the instructions properly.
  • One-leg stand test - In this test, the officer instructs the person to stand with one foot off the ground and hold it for about 30 seconds or until told to put it down. The officer looks for signs of intoxication such as swaying, hoping or using their arms to balance.

Get Legal Help from a Proven Attorney

Our firm can get to work on your DUI arrest by analyzing the credibility of the arresting officer’s statements, putting into dispute the accuracy of chemical testing, looking for police errors in administering such tests, and in other legal mistakes. Your constitutional rights may have been violated. We will explore all avenues in devising an effective defense in order to keep your record clean.

Contact us at (402) 267-9774 to get started working with an Omaha DUI defense lawyer today.

Case Results

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  • Felony Possession Charges Reduced
  • First Degree Sexual Assault Case Dismissed
  • First Degree Domestic Violence with a Handgun Case Dismissed
  • First Degree Domestic Violence Charges Reduced
  • Aggravated DUI Charges Reduced
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