When arrested and charged with a Nebraska DUI/DWI, you may have more at stake than you realize. A conviction of this offense can impact you for years with increased auto insurance premiums, a lengthy and restrictive probation period, and a permanent criminal record that could jeopardize future employment opportunities, professional career licenses, housing, and more. Whether you have been arrested on a first offense or a repeat offense, you need to fight back with a competent defense that seeks to minimize or eliminate the consequences.
At Island Law Office, PC, LLO, we have focused for many years on this complex area of Nebraska law. Attorney Bell Island is the co-author of an entire book dedicated to understanding DUI. He has also been Board Certified in DUI/DWI by the National College for DUI Defense (NCDD) whose members are the most experienced and knowledgeable of all DUI defenders in the nation. The NCDD has been accredited by the American Bar Association in certifying DUI defense attorneys throughout the U.S. Certification by the NCDD is based on strict requirements. These include references from peers and judges and assessments to determine if attorneys meet the level of skill, knowledge, and courtroom experience that fulfill the organization’s high standards.
DUI/DWI in Nebraska
The terms DUI and DWI are used interchangeably in our state. Nebraska law refers to this offense as “driving while under the Influence” which is the legal term.
Driving while under the influence has been established under Nebraska law in the following ways:
- Driving with a blood alcohol concentration (BAC) of .08 percent or higher
- Driving while impaired by alcohol and/or drugs
The law defines this act as operating a motor vehicle or being in actual physical control of one. This means you could be arrested without driving your vehicle down the road but merely by having your keys in the ignition; this action puts you in physical control of it.
The law defines “under the influence” as the impairment to an appreciable degree of your ability to drive safely.
Penalties for DUI in Nebraska
Potential penalties upon a DUI conviction will be influenced by your BAC level, whether you have previous DUI convictions in the past 15 years, and other relevant factors, such as if you caused property damage, injury, or a fatality in the incident. In some cases, you may be granted probation instead of jail time. However, you must comply with all the conditions of your probation or your original jail time can be imposed.
In a first offense with a BAC under .15 percent, penalties can include:
- Seven up to 60 days of jail time
- A fine of up to $500
- Loss of your license for up to six months
You may also be subject to alcohol assessment and a treatment program, the need to install an ignition interlock device in your vehicle, and other restrictions or orders by the court.
If your BAC measured .15 percent or higher, you will be subject to a minimum of two days in jail or 120 hours of community service. Second, third, and subsequent offenses will be punishable by increased jail time, fines, and license revocations. Second and third offenses can result in 18 months up to 15 years of license loss.
In our state, refusing to submit to chemical testing for a DUI will result in an automatic license revocation of one year.
Put a Proven DUI Defender in Your Corner
Hiring a DUI defense lawyer can be one of the most important decisions you ever make when faced with these charges. Founding Attorney Bell Island knows the Nebraska criminal justice system and can use his exceptional knowledge and training to develop an effective strategy on your behalf. Our firm will work diligently to seek a dismissal or reduction of the charges where possible. Throughout the entire process, we will be on your side fighting to protect your rights, uncovering and exposing available flaws and inconsistencies in the prosecutor’s assertions, and seeking the best possible outcome for your case.