Being arrested for DUI is a serious offense that can have significant consequences, including jail time, loss of driving privileges, and monetary fines.  It is imperative that anyone facing such a charge understand what challenges they will encounter.  Seeking the legal advice of a competent and experienced DUI attorney will help you understand all of your rights and options. 

What happens if I was arrested for DUI?
Under Nebraska law, once you have been cited for violating the DUI statute, the state initiates two simultaneous, yet separate legal actions against you.  The Criminal Action is in response to the ticket that was issued to you, while the Administrative Action is brought against your driver’s license by the Nebraska Department of Motor Vehicles.  While both actions can result in the suspension of your driving privileges, it is important to remember that there may be additional penalties to consider and each action must be handled separately. 

Administrative Hearing
Pursuant to Nebraska law, an individual has 10 days to request a hearing from the Department of Motor Vehicles.  Once the arresting officer retains your state issued driver’s license, you are issued a 30-day driving permit.   This permit will serve as your driver’s license in lieu of the one retained by the officer until your Administrative Hearing.  If you fail to request a hearing within 10 days, your right to the hearing is lost, and your license is automatically suspended for the applicable statutory time frame.  In order to preserve your right to an Administrative Hearing, it is crucial that you submit your request to the Department of Motor Vehicles within 10 days.   

DUI Penalties for First Time Offenders

Jail Time
A first time DUI offender faces a 7 day minimum mandatory imprisonment, with a maximum of 60 days in jail.

Monetary Fines
Between $400.00 and $500.00.

Probation
Nebraska revokes the offender’s license for 60 days and imposes a $400.00 fine.

Driving Privileges
A DUI conviction results in the revocation of driving privileges for a mandatory minimum of 6 months

Chemical Test Refusal
Refusing to submit to a test when requested by law enforcement will result in the revocation of driving privileges for 1 year. 

Commercial Drivers
Commercial drivers are in violation of the DUI statute with a blood alcohol content (BAC) of 0.04.  A first time DUI conviction will result in the loss of the commercial driver’s license for 1 year, while any subsequent DUI offenses will result in a lifetime loss of the commercial license. 

Alcohol Assessment / Alcohol Treatment Program
During the presentence evaluation, a DUI  offender must pay for an alcohol assessment.  At this time, the judge may order the offender to attend an alcohol treatment program, which can cost more than $3,000.00, at the expense of the offender. 

DUI Subsequent Offenses
Penalties are increasingly more severe for any additional DUI violations.  Due to the complexity of DUI laws, you may not be aware of your rights and the potential defenses available to your case.  An experienced and competent attorney can guide you through this emotionally challenging process.  Please contact a lawyer for an immediate, free consultation.