Nebraska DUI Information
Driving under the influence in Nebraska is a criminal offense subject to severe penalties and many long-term financial and social consequences. Under Nebraska DUI law, you don’t even have to be legally intoxicated to be charged with drunk driving. A law enforcement officer simply needs to presume impairment.
Fortunately, you still have rights. The sooner you hire a qualified Sarpy County DUI attorney, the better the chances of avoiding fines, loss of license and jail. During your arraignment, which is your first court appearance, you should be prepared to inform the court that you have an attorney. This will help with fighting both your criminal case and your license suspension. Time is very important, so don’t delay.
Free Nebraska DUI Consultation
Sarpy County DUI Lawyer Robb Gage can make a difference in the outcome of your case. To schedule a review of your specific DUI, call (402) 498-2777 or fill out the consultation request form on the contact page. Your inquiry is free and confidential.
Being Charged with Nebraska DUI
There are two ways to be convicted of driving drunk in Nebraska. The first is to register a blood alcohol content of .08% or higher through a breath or blood test. This establishes a violation of ‘per se’ law.
However, Nebraska does not have a set BAC that needs to be exceeded in order to be convicted of DUI, so an officer can initiate an arrest based only on a perception of physical or mental impairment due to alcohol, drugs or a combination of both. Usually field sobriety tests, driving violations and your physical appearance during the traffic stop will be used as ‘evidence’ against you in court.
Your driving skills may not have been affected and your arrest may even have been based on subjectivity. This gives Sarpy County DUI Attorney Robb Gage the opportunity to question the probable cause for the traffic stop, challenge evidence, review equipment maintenance and calibration records and review the arrest record for errors in procedure and policy.
The goal is to make the prosecution prove its point beyond a reasonable doubt. If it cannot, there is a chance of getting your charges reduced, or your case diverted or even dismissed.
Your NE Driver’s License Suspension
After an arrest for driving under the influence in Sarpy County, Nebraska, the Department of Motor Vehicles has the authority to suspend or revoke your driver’s license. This is an administrative case filed in civil court, and different from the criminal case. It is still important to have legal representation, as evidence and testimony will be presented with the intent of taking away your license.
You can petition for an appeals hearing in an effort to keep your driving privileges. You must request a hearing within 10 days of the date of your arrest or your license will be automatically suspended.
Having legal guidance can help. For immediate help with your license, contact Sarpy County DUI Attorney Robb Gage and ask him to petition for a hearing and represent you. You only have 10 days, so call now.
Penalties for Drunk Driving in Nebraska
If convicted of driving under the influence in Nebraska, a first offense can result in significant fines, a jail sentence, loss of driver’s license and loss of auto insurance that will have to be replaced with very expensive, high-risk coverage. The fines and penalties increase with each subsequent conviction, with a third offense being filed as a felony.
A conviction for DUI would mean having a criminal record, which could lead to loss of existing job and difficulty finding future employment. You may be kept from renting a car or opening a credit account. Canada restricts entry to those with a criminal history, even if it is for a misdemeanor and especially if it involves drunk driving.
Each case is unique and results cannot be guaranteed, though Sarpy County, NE DUI Lawyer Robb Gage will fight your charges and try to keep your record clean. Protect your future and contact him today.