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Whelan Law Office
  • Home
  • About
    • Whelan, Lawrence G.
  • Practice Areas
    • Criminal Defense
      • Theft Crimes
      • Sex Crimes
      • Domestic Violence
      • Drug Crimes
      • Drunk Driving
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      • Spousal Support
      • Modifications
      • Relocations
      • Paternity
      • FAQ About Divorce
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  5. Nebraska DUI laws – the basics

Nebraska DUI laws – the basics

On Behalf of Whelan Law Office | Oct 5, 2017 | Firm News |

What goes better with football than beer and barbeque? Not much, when you really think about it. Part of American’s pastime is spending the weekends watching professional and college football, firing up the pit and tossing back a few cold ones. Unfortunately, when you get behind the wheel after spending all day tailgating that things can take a turn.

Like many other states, Nebraska takes driving under the influence (DUI) very seriously. If you find yourself in a position where law enforcement is pulling you over and you have been drinking, you could end up facing some very severe fines and other penalties. To find out more about Nebraska’s DUI laws, read below.

Felony offense

If you live in the Omaha in the area and received three DUI convictions within a 15-yer period, any further convictions will automatically be felonies. A felony DUI conviction can get you a minimum jail term of 180 days and you could lose your license for up to 15 years, along with some very high court fees and fines.

Assessments and treatment

Even if you are facing a first offense, you will have to take and pay for a mandatory alcohol assessment. In addition, the court might also order you to participate in an alcohol treatment program. Once you successfully complete the assessment and any treatment programs, you will have attend a court hearing where the judge will examine a counselor’s recommendations for your possible continuation of the program.

BAC limits

In Nebraska, the Blood Alcohol Concentration (BAC) limit is 0.08 percent if you are 21 years old or older. For minors, the BAC limit is 0.02 percent. In addition, Nebraska follows implied consent laws. This means that by having a state driver’s license, you have given your consent to a blood alcohol test if a law enforcement officer suspects you of driving under the influence.

Penalties

For a first offense, the state can suspend your license for up to six months if the court convicts you. A second offense will come with a one-year suspension, and for a third offense, you could lose your license for up to 15 years. For any offense, first, second or third, you will have to submit to an assessment and possible substance abuse treatment.

If you are facing a DUI charge in Nebraska, it is important to understand the penalties you might be facing if the court convicts you. In addition, it is also vital to remember that you still have rights and options, such as defending yourself in a court of law.

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