Hyannis DUI Lawyer

Experienced DUI Attorney in Hyannis

Being arrested for DUI can lead to criminal consequences as well as loss of driving privileges. This is true even for first-time offenders.  A Hyannis DUI lawyer can review the traffic stop, any chemical tests, and the arrest itself to pinpoint factors that could weaken the prosecution’s argument.

A DUI in Hyannis and other Grant County cities could start with a traffic violation on Nebraska Highway 2, Highway 61, or another road that runs through the Sandhills and into Grant County. From there, it could progress through the county court system.

About Island Law Office, PC, LLO

Island Law Office, PC, LLO, represents individuals facing criminal charges across Nebraska’s Panhandle and neighboring areas. The Bell Island legal team handles DUIs and traffic tickets, criminal defense, accidents, and litigation. Our DUI attorneys focus on clear communication so that clients know what allegations they are facing, important court dates, and the evidence against them.

Nebraska DUI Laws

In Nebraska, DUI is considered driving under the influence. Under revised state statute § 60-6,196, operating or having “actual physical control” of a truck, car, or motorcycle while someone is impaired by drugs or alcohol is against the law. It’s also illegal to drive with a breath or blood alcohol content (BAC) of 0.08% or more.

While driving with a BAC of 0.08% or more can lead to a DUI conviction by itself, other evidence can lead to DUI charges as well. Evidence that might be used to show a driver was under the influence of drugs or alcohol can include: 

• Law enforcement observations and whether they noted signs of intoxication
• Sobriety tests done in the field
• Video from body cameras or dashcams
• Breathalyzer results
• Statements made during questioning or the investigation

According to the Nebraska Department of Transportation Highway Safety Office, 6,318 DUI charges were reported in Nebraska in 2024, with 4,593 involving male drivers and 1,725 involving female drivers.

Nebraska’s Implied Consent Law

Revised state statute § 60-6,197 codifies Nebraska’s implied consent law.  By driving or otherwise being in physical control of a motor vehicle in Nebraska, an individual is said to have consented to chemical testing of their breath, urine, or blood for drugs or alcohol if the circumstances warrant testing.

Refusing a chemical test won’t make a DUI investigation go away. There are penalties for refusal in many states, including Nebraska. Nebraska’s DUI penalties become more severe for specific instances of refusal. If you were arrested for DUI in Hyannis and refused testing, an attorney can evaluate your situation.

An attorney can review whether the officer had sufficient grounds to require testing and whether police followed Nebraska law when requesting a chemical test.

DUI Penalties in Nebraska

Prior convictions and the driver’s BAC affect penalties for DUI in Nebraska. A person’s first offense may end with a fine and license revocation. A permit also exists that enables driving with a required ignition interlock device during the revocation term.

Penalties increase if the driver recorded a BAC of 0.15% or higher, refused chemical testing, or has prior DUI or drunk driving convictions. Nebraska looks 15 years into the past for prior DUI-related convictions. Additional consequences for DUI may include jail time, probation, license revocation, ignition interlock installation, and an alcohol assessment program. Hire a DUI lawyer who can advise you on the penalties you face based on your circumstances.

Hire a DUI Lawyer

Drivers who hire a lawyer benefit from legal representation tailored to the evidence and circumstances of their individual DUI case. A Hyannis DUI attorney might look into why the traffic stop was initiated, determine if the officer had justification to extend it, examine the results of field sobriety tests, and carefully review any breath or blood tests.

If an officer pulled you over without cause or otherwise violated your rights, your attorney can evaluate whether evidence should be suppressed. Attorneys can work toward getting charges reduced or dismissed if possible. If an agreement cannot be reached or the evidence does not support the charges, your lawyer can prepare a defense for trial.

FAQs

Is It Possible to Receive a DUI in Nebraska if I Wasn’t Driving?

Yes, you can receive a DUI in Nebraska if you were not driving. In Nebraska, an individual can be charged with driving under the influence for being in actual physical control of a vehicle. Actual physical control does not require that the car be moving. The determination of whether a person had actual physical control over a vehicle is fact-dependent. Considerations may include where on or around the vehicle the person was found.

Does a DUI Stay on My Record in Nebraska?

Yes, once an individual is convicted of DUI, that conviction may stay on their criminal record and driving history. Nebraska applies a 15-year lookback for DUI offenses when deciding whether certain previous DUI convictions qualify as priors for sentencing enhancement purposes. For this reason, an older DUI conviction may become important if a person is arrested for another DUI within the applicable time frame.

Can Prescription Drugs Result in DUI Charges in Nebraska?

Yes, prescription drugs can result in DUI charges in Nebraska. Nebraska defines DUI broadly and does not limit the statute to alcohol and illegal substances. Prescription drugs and legal medications can also serve as the basis for DUI charges if they impair someone’s ability to drive or maintain control of a motor vehicle. Even if someone has a valid prescription for a medication, that does not automatically protect them from DUI charges.

What Happens to My Vehicle After I Am Arrested for DUI?

Possession of the vehicle after a DUI arrest depends on the circumstances of the arrest. If the driver is taken into custody and no licensed person is able to take possession of the car, law enforcement may have it towed. Having your car towed and paying for storage fees can result in significant expenses on top of criminal fines, court fees, or other penalties that may be imposed upon conviction.

Contact Island Law Office, PC, LLO, Today

If you have been arrested for DUI in Hyannis, Island Law Office, PC, LLO, can help you in the legal aftermath. We can advocate for your rights and future. Contact us today for more information.