You can be convicted of a Nebraska DUI offense in one of two ways. The first way you can be convicted is if your driving pattern or field sobriety test results make it appear that you are driving under the influence of either alcohol or drugs. If the prosecution can prove that you were not driving safely, the amount of alcohol in your blood will not matter. You will be guilty of DUI.
You can also be convicted based on the state's per se law. In Nebraska, it is illegal to drive with a blood alcohol content (BAC) of .08% or higher. Doing so makes you guilty of DUI, even if your driving appears to be safe.DUI Arrests in Nebraska
After your DUI arrest, you will face two separate cases. The first case is in the criminal courts. Nebraska DUI law gives you the right to a jury trial as a result of your DUI conviction. Your prosecution will have to prove to all members of a six-person jury that you were driving while intoxicated. Having an attorney working with you can help put doubt in the juror's minds. If you are found guilty, you will face DUI penalties Nebraska state such as fines, jail time, and mandatory education courses.
You will also face an Administrative License Revocation Hearing to deal with your license suspension. However, you must request this hearing with the Nebraska DMV within 10 days of your arrest. If you do not, your license will be suspended automatically. Your attorney will help you make this request.Basic Consequences for First Time Offenders
If your conviction is your first Nebraska DUI conviction, you will face the following DUI penalties at your Nebraska criminal court hearing:
Subsequent convictions will bring stricter consequences.License Suspensions for Nebraska DUI
At your Administrative License Revocation Hearing, you will face license suspensions based on the number of DUI convictions in your past driving record. These are as follows:
First-time offenders can apply for a work permit after the first 30 days of their suspension. However, no work permit is available for those with previous offenses.
The criminal courts can add to this license suspension time. The length of the suspension will depend on whether or not you are sentenced to jail time. The typical license suspension times handed down by the criminal courts are as follows:
If you use the ignition interlock device, the courts may waive this additional suspension time.Insurance Consequences
Lest you think that your consequences are done when you leave your hearings, you should know that your insurance provider is also going to reprimand you for your Nebraska DUI conviction. You will find that one of two things happens with your insurance. Either your insurance provider will drop you, or the cost of your insurance will increase dramatically. If you lose your insurance or let it go while you serve your suspension, you may find it difficult to get a new provider due to your new record.