You are probably aware that repeat driving under the influence (DUI) offenders face harsher penalties than first-timers. What may be unclear is what determines whether someone is considered a repeat offender. This is where the lookback period comes in.
The lookback period dictates how far back the state can look at your prior DUI convictions when charging you. In Nebraska, the lookback period is 15 years. This means any DUI conviction within the past 15 years will count as a prior offense if you’re charged with another DUI.
Remember, you do not have to spend time in jail for a DUI conviction to count against you during the lookback period. Even if your sentence included alternatives like probation, a fine or a diversion program, such as attending an alcohol treatment program, it still qualifies as a prior offense.
Why the lookback period matters
If you have been previously convicted of a DUI offense but 15 years have passed since that conviction, it will not be considered in your current DUI charges. As such, you will likely be treated as a first offender, which typically carries lighter penalties like lesser fines or a shorter license suspension.
DUI convictions within the lookback period can significantly enhance your penalties. For instance, a second DUI offense can lead to mandatory jail time and a license revocation of up to 18 months, among other legal consequences. Should you have three prior DUI convictions, you could be charged with felony DUI for subsequent offenses, and the stakes are much higher.
Mitigating the impact of prior convictions
It is in your best interests to seek urgent legal guidance if you are charged with a DUI and have prior offenses within the 15-year lookback period. It can help you understand your options toward reducing the impact of previous convictions, be it exploring plea deals or building a defense strategy that will increase the odds of a desirable conclusion of your case.
