Driving under the influence of alcohol or drugs is a serious criminal offense that requires the representation of an experienced DUI lawyer. A DUI, sometimes called an OWI (operating while intoxicated), carries serious criminal penalties. These include minimum jail times, license revocation, and large fines, as well as enhanced penalties for a second or more offense or causing serious injury or death while driving under the influence. A DUI attorney will help you navigate the court system and administrative license revocation with the DMV. An experienced DUI attorney can help minimize the penalties when you are charged with DUI.
In Nebraska, generally, you can be charged with a DUI if you're driving ability is impaired because of the use of drugs, whether prescription or illegal or alcohol. Usually, a DUI happens when caught driving with a blood alcohol concentration (BAC) of:
- 0.08/gm or higher in your blood or breath test, if you have a regular Nebraska driver's license.
- 0.04/gm or higher, if you drive with a commercial driver’s license.
- 0.02/gm or higher, if you are younger than 21 years old.
Evidence of impairment based on drug recognition tests performed by a police officer
NOTE: Even if your blood alcohol is under the legal limits above, in Nebraska you can still be convicted of DUI based on “field sobriety tests” that you may show impairment. Refusal to submit to a blood or breath test for alcohol concentration is a separate criminal charge that may result in additional serious penalties.
Driving under the influence is a serious charge that requires a lawyer with serious experience to determine the best way to resolve your DUI charge. An experienced attorney will:
- Review all the police reports and possibly accident reports before advising you on the best way to resolve your charges in the way best for you
- Advocate for you to the County Attorney or city prosecutor, and to the court
- Complete and file all necessary paperwork and motions with the court
- Advise you on the possible penalties you face and how to minimize those penalties within the law
- Counsel you on the advisability of negotiating a plea deal and entering a plea
- Explain the court process to you and the license revocation process
Though there is never any guarantee you'll win your case with a DUI attorney, you'll likely get a better result with an experienced lawyer on your side. Depending on the specific facts of your case, you could face the following penalties from both the court and the Nebraska Department of Motor Vehicles (DMV):
- A revocation of your Nebraska driver's license
- Fines starting at a minimum of $500.00
- Jail time (depending on your driving record and the specific DUI charge)
- An ignition interlock device installed in your vehicle
- A costly alcohol treatment program
Even greater penalties may exist depending on the severity of your DUI offense.
If you have questions on what happens when you get charged with a DUI, contact us at (402) 810-8611 to set up a free consultation with qualified DUI attorney.