No matter the details of your situation, it’s important that you reach out to a qualified Bridgeport DUI lawyer right away after being arrested or charged with driving under the influence. By speaking with the dedicated legal team at Island Law Office, PC, LLO, about your case, you’re making the maximum effort to protect yourself and your future.
In the state of Nebraska, the terms DWI and DUI are interchangeable, both referring to the unlawful offense of driving while under the influence of alcohol or drugs. It’s against the law to actively operate or be in the immediate physical control of a motor vehicle with a blood alcohol concentration (BAC) of 0.08 percent or above. A BAC level of 0.15 percent or above is considered to be an aggravated DUI offense.
While there is a set legal limit for adult drivers—the limit is 0.02 percent for drivers under 21—you can still be arrested even if you are within the legal limit. This is because law enforcement is allowed to arrest someone if they appear significantly impaired enough that their ability to drive safely has been impacted.
The arresting officer is entitled to conduct any number of field sobriety tests to determine whether a driver is too impaired to operate a vehicle safely, the results of which are at their discretion to interpret. You can legally refuse these field tests. Blood alcohol concentration is measured through chemical testing, such as a breathalyzer test or blood sample analysis. In Nebraska, a refusal of chemical testing automatically results in a year-long driver’s license revocation.
The legal penalties you may face upon a DUI conviction depend on various factors, such as your BAC level, if you have any recent prior DUI convictions, and if you were charged with any additional offenses, among other details. For example, if your DUI case includes charges such as the injury or death of another person, property damage, or drug violations, the punishment upon a conviction is likely to be more severe.
For a first, non-aggravated DUI conviction, legal penalties include a minimum jail sentence, a fine, and a loss of your driver’s license privileges for six months at the most. If it’s your first DUI conviction and your BAC level is 0.15 percent or more, punishment entails jail time or mandatory community service. For second and subsequent convictions, these penalties are more severe, including a longer license revocation period.
Depending on your circumstances and the proficiency of your defense lawyer, you may be granted probation. Probation allows your original jail or prison sentence to be delayed and ultimately avoided if you follow all the imposed conditions of your specific probation. Otherwise, you will likely be required to serve the incarceration period.
Penalties and probation conditions may include an alcohol assessment and treatment program, community service, mandatory installation of an ignition interlock device in your vehicle, and other orders or restrictions set by the court.
Yes, it’s possible to be charged with a DUI due to prescribed medication. DUI laws in Nebraska assert that any driver determined to be impaired by alcohol or another substance can be arrested and charged. This includes illicit substances, unprescribed drugs, and abused prescription medications.
Certain health conditions or necessary medications may cause you to fail certain field sobriety tests or even chemical testing. It’s important to work with an experienced lawyer who can defend you against unfair accusations.
In Nebraska, the arresting officer is allowed to request that a driver participate in field sobriety tests to assess whether they may be impaired by alcohol or other substances. You’re also allowed to refuse these tests. Field sobriety tests are generally subjective and are meant to gauge your balance, reaction time, and other capabilities necessary for driving safely. Examples of these tests include balancing on one leg, walking and turning in a straight line, and checking your horizontal gaze.
In Bridgeport, Nebraska, it is possible to be charged with a DUI even if you weren’t driving. The state’s DUI laws recognize “driving while under the influence” to include actually operating a motor vehicle as well as being in the “actual physical control” of a vehicle. This includes sitting in the driver’s seat while parked or being in the car with the keys in the ignition since these circumstances are considered as the individual being in physical control of the vehicle.
The penalties for a DUI conviction generally include jail time, a fine, and a suspension of your driver’s license privileges. Punishments can vary in severity depending on your BAC level, whether you have a history of similar prior convictions, and whether you were charged with additional crimes like injuring another person.
You may also face additional penalties, such as participating in an alcohol assessment and treatment program, mandatory community service, and getting an ignition interlock device installed in your car.
Yes, it’s definitely worth fighting a DUI charge in Nebraska, no matter the specifics of your situation. If you think the charges are a misunderstanding or can be easily explained, it’s still not recommended that you try to defend yourself in court.
Even a first-time DUI charge warrants strong legal defense. Your DUI lawyer is there to build a strong case on your behalf, ensure you’re treated properly, and advocate for the least severe outcome possible.
It’s crucial that you allow a qualified and experienced criminal defense lawyer to manage your DUI case. A legal defense professional can ensure you avoid simple mistakes, guide you throughout the process, and advocate for your rights. To obtain a successful outcome, schedule a consultation with Island Law Office, PC, LLO, today.