Did you know that on average, 36,444 crashes happen every year in Nebraska? The Nebraska State Patrol says troopers have made more than 800 arrests for DUI in 2024, which is a whopping 23% increase compared to this time last year.
The state of Nebraska implements tough penalties for driving under the influence to discourage drivers from driving after drinking alcohol. If you are one of those who have been arrested for DUI, here’s what you need to know about Nebraska DUI laws.
Legal Blood Alcohol Limit in Nebraska
In Nebraska, the legal blood alcohol limit for drivers is 0.08%. This means that if you’re pulled over and found to have a blood alcohol concentration (BAC) of 0.08% or higher, you can be charged with DUI. This limit applies to all drivers, regardless of age or driving experience.
Driving with a BAC above the legal limit is considered a serious offense in the state. If convicted, you could face fines, license suspension, mandatory alcohol education programs, and even jail time. Not only that, having a DUI on your record can have long-lasting consequences, including increased insurance rates and difficulty finding employment.
It’s recommended that you monitor your alcohol consumption and plan ahead for alternative transportation if you plan to drink. Relying on strategies like counting drinks or estimating your BAC based on how you feel can be unreliable. It’s always best to be on the side of caution and avoid driving if there’s any doubt about your sobriety.
Penalties for DUI Offenses in Nebraska
The penalties for a DUI offense in Nebraska vary depending on several factors, including your blood alcohol concentration (BAC) level and whether it’s your first offense or a subsequent one.
- For a first offense DUI in Nebraska, you can expect to face a minimum of seven days in jail or 30 days of community service. Your driver’s license will be suspended for a minimum of six months, and you may be required to attend an alcohol education program. The fines for a first offense DUI can range from $400 to $500.
- If you’re convicted of a second offense DUI in Nebraska, the penalties become even more severe. You may face a minimum of 30 days in jail, along with an extended license suspension of one year. The fines for a second offense DUI can range from $500 to $1,000.
Seek legal representation if you’re facing a DUI charge in Nebraska to make sure your rights are protected and to minimize the potential consequences.
Implied Consent and Chemical Testing in Nebraska
When arrested for a DUI in Nebraska, you’re required to submit to chemical testing as part of the state’s implied consent laws. The purpose of chemical testing is to determine your blood alcohol concentration or the presence of drugs in your system. This means that by driving on the roads of Nebraska, you have already given your implied consent to be tested for alcohol or drugs if you’re arrested for a DUI.
The testing can be done through a breathalyzer test, blood test, or urine test. Santa Ana DUI attorney Christopher J. McCann says just like in California, refusing to submit to chemical testing in Nebraska can result in additional penalties such as a longer (or automatic) driver’s license suspension, fines, and mandatory alcohol education or treatment programs.
It’s worth mentioning that chemical testing isn’t infallible, and there are circumstances where the results can be challenged. For example, the equipment used for testing must be properly calibrated and maintained, and the testing procedure must be conducted correctly. If there are any issues with the testing process, it may be possible to challenge the results in court.
Administrative License Revocation (ALR) in Nebraska
To enforce Nebraska’s DUI laws, the state has implemented Administrative License Revocation (ALR) measures. This means that if you’re arrested for DUI, your license can be suspended or revoked before you’re even convicted in criminal court. ALR is a civil administrative process conducted by the Nebraska Department of Motor Vehicles (DMV) and is separate from any criminal charges you may face.
Under ALR, if you fail a chemical test or refuse to take one, the arresting officer will confiscate your driver’s license and issue a temporary permit that’s valid for 30 days. You then have only seven days to request a hearing with the DMV to contest the suspension or revocation. Failure to request a hearing within the allotted time will result in an automatic suspension or revocation of your driving privileges.
During the hearing, the DMV will review the evidence provided by the arresting officer and make a decision regarding your license suspension or revocation. If the DMV finds that the suspension or revocation is warranted, your license will be suspended for a specified period, depending on the circumstances of your case. The DMV’s decision is separate from any penalties you may face in criminal court if convicted of a DUI.
Adding to the ALR process, Nebraska also has an ignition interlock requirement for certain DUI offenders. This means that if your license is suspended or revoked due to a DUI, you may be required to install an ignition interlock device in your vehicle as a condition of having your driving privileges reinstated.
Ignition Interlock Device (IID) Requirements in Nebraska
An IID is a device that’s connected to your vehicle’s ignition system and requires you to pass a breathalyzer test before starting the car. They will require you to install an IID as a condition of getting your driver’s license reinstated.
The length of time that you’re required to have an IID installed in your vehicle depends on the circumstances of your DUI conviction. In general, first-time offenders may be required to have an IID for a period of six months. Repeat offenders may be required to have an IID for a longer period of time.
Other than that, you’re responsible for the costs associated with installing and maintaining the IID. You must have the device installed by a state-approved provider. Failure to comply with the IID requirements can result in further penalties, such as additional fines or an extension of the time period that you’re required to have the device installed.
Conclusion
So, if you find yourself driving in Nebraska, you should always remember the state’s DUI laws. The penalties for DUI offenses can be severe so you need to stay informed and drive responsibly to avoid any legal trouble.
