Driving under influence (DUI) or driving while intoxicated/impaired (DWI) is an offense committed when a driver operates a vehicle after the consumption of alcohol or drugs or other intoxicants. Increased alcohol levels in the driver's blood lead to diminished mental and motor reactions which, in turn, reduce the driver's ability to control the vehicle. This significantly increases the risk of the driver committing errors of judgment and often results in accidents causing severe injuries and even death.

In Nebraska, as in the rest of the US, drunk driving is the single largest cause of motor vehicle related fatalities and accounts for an alarmingly high 40% to 50% of the total number of motor vehicle related deaths every year.

REGULATIONS FOR DUI/DWI IN NEBRASKA

In Nebraska, the Blood Alcohol Content (BAC) limit is set at 0.08% for drivers of all ages and it is set at 0.02% for those under 20. For commercial drivers, the limit is set at 0.04%.

Having a Nebraska license automatically provides your consent to be tested if stopped by a law enforcement officer, while driving. This is the law of "implied consent" and can be used by the officer to test you if you are stopped on the suspicion of drunk driving, either through a breathalyser test or by an actual blood test to check the BAC. Refusing to take the chemical test will result in your license being revoked for a year; for those under 20, your license will be impounded for 90 days and be on your driving record for 120 days.

Points will be added to your driving record and your license will be suspended or revoked, if you convicted of DUI/DWI. The number of points assessed, depend on the severity of the offense and the number of times you have been convicted for it.

ACTIONS AGAINST DUI/DWI FOR DRIVERS OF ALL AGES:

If you are caught with BAC higher than the set limit of 0.08%, you may be subjected to criminal actions in addition to administrative actions. If the DUI/DWI incident you are involved in is subjected to criminal action, it is recommended that you get in touch with a DUI/DWI lawyer as they are experts at handling such incidents and can offer you the best advice.

1. The first offense is treated as a Class W Misdemeanor and may result in imprisonment for up to 60 days (at least seven days mandatory) and/or a $500 fine ($400 if on probation). Also, if convicted for a first offense BAC or DWI (BAC over 0.08%) or for driving under the influence of drugs (DUID):
   • 6 points will be added to your driving record.
   • Your license will be revoked for six months (60 days if on probation).
   • You may be eligible to drive using the Ignition Interlock Restricted License if you meet the conditions, and then become eligible to reinstate your license, if you meet the reinstatement requirements.
2. The first offense with BAC of 0.15 or more is treated as a Class W Misdemeanor and may result in imprisonment for up to 60 days (at least seven days mandatory) and/or a $500 fine (minimum $400 and $500 if on probation).
   • Your license will be revoked for one year (impounded or one year revocation if on probation).
   • If on probation, you may undergo imprisonment for two days or have to undertake community service for minimum 120 hours.
3. The second offense or two offenses in five years may result in imprisonment for up to 90 days (at least 30 days mandatory) and/or up to a $500 fine ($500 if on probation). Also, if convicted for the second offense of DWI, DUID or BAC:
   • 6 points will be added to your driving record.
   • Your license will be revoked for one year (same period if on probation).
   • You may be eligible to drive using the Ignition Interlock Restricted License if you meet the conditions.
   • If on probation, you may undergo imprisonment for 10 days or have to undertake community service for minimum 240 hours.
   • Your vehicle will be immobilized at your cost for between five days to eight months.
4. The second offense with BAC of 0.15 or more is treated as a Class I Misdemeanor and may result in imprisonment for up to one year (at least 90 days mandatory) and/or a $1000 fine (minimum $400 and $1000 if on probation).
   • Your license will be revoked for 15 years (one year mandatory, impounded or revoked for one-15 years if on probation).
   • If on probation, you may undergo imprisonment for 30 days.
5. The third offense or three offenses in ten years may result in imprisonment for up to one year (at least 90 days mandatory) and/or up to a $600 fine ($600 if on probation). Also, if convicted for the third offense of DWI, DUID or BAC:
6. 12 Points will be added to your driving record.
7. Your license will be revoked for 15 years (two-15 years if on probation).
8. If on probation, you may undergo imprisonment for 30 days.
9. Your vehicle will be immobilized at your cost for between five days to eight months.
10. The third offense with BAC of 0.15 or more is treated as a Class IIIA Misdemeanor and may result in imprisonment for up to five years (at least 180 days mandatory) and/or a $10,000 fine ($1000 if on probation).
11. 12 Points will be added to your driving record.
    • Your license will be revoked for 15 years (revoked for five-15 years if on probation).
    • If on probation, you may undergo imprisonment for 60 days.
12. The fourth offense will result in imprisonment for up to five years (at least 180 days mandatory) and/or up to a $10,000 fine ($1000 if on probation). Also, if convicted for the fourth offense of DWI, DUID or BAC:
13. 12 points will be added to your driving record.
14. Your license will be revoked for 15 years (same period if on probation).
15. If on probation, you may undergo imprisonment for 90 days.
16. Your vehicle will be immobilized at your cost for between five days to eight months.
17. The fourth offense with BAC of 0.15 or more is treated as a Class III Misdemeanor and may result in imprisonment for up to 20 years (at least one year mandatory) and/or a $25,000 fine ($1000 if on probation).
18. 12 Points will be added to your driving record.
    • Your license will be revoked for 15 years (revoked for five-15 years if on probation).
    • If on probation, you may undergo imprisonment for 120 days.
19. The fifth offense is treated as a Class III Felony and may result in imprisonment for 20 years (at least one year mandatory) and/or $25,000 fine ($1000 if on probation). Also, if convicted for the fifth or subsequent offenses of DWI, DUID or BAC:
20. 12 points will be added to your driving record.
21. Your license will be revoked for 15 years.
22. If on probation, you may undergo imprisonment for 180 days.
23. Your vehicle will be immobilized at your cost for between five days to eight months.
24. The fifth offense with BAC of 0.15 or more is treated as a Class II Misdemeanor and may result in imprisonment for up to 50 years (at least one year mandatory) and/or a $1000 fine if on probation.
25. 12 Points will be added to your driving record.
    • Your license will be revoked for 15 years (revoked for five-15 years if on probation).
    • If on probation, you may undergo imprisonment for 180 days.

ACTIONS AGAINST DUI/DWI FOR DRIVERS UNDER 20

1. Points will be added to your driving record and your license suspended or revoked, if you are convicted under the "minor in possession/other alcohol offenses" law(trying to purchase, possessing or having purchased any intoxicant; or being intoxicated using alcohol, drugs or other intoxicants; or having a BAC higher than 0.02%) while driving.
2. The license may be impounded for 30 days after the first conviction, and suspended or revoked after the second or subsequent conviction.
3. Apart from these actions, penalties mentioned above may also apply to minors if they are convicted of DUI/DWI.

ACTIONS AGAINST DUI/DWI FOR COMMERCIAL VEHICLE DRIVERS

If you drive a commercial vehicle and hold a commercial driver license (CDL):

1. Points will be added to your driving record and you will be barred from driving a commercial vehicle for a year, if you are convicted for your BAC being higher than 0.04%. You will also be issued an "out-of-service" order valid for 24 hours by the arresting officer.
2. You will be barred from driving a commercial vehicle for at least three years, if you are convicted for your BAC being higher than 0.04% while transporting hazardous materials.
3. You will be barred from driving a commercial vehicle for life if you are convicted for any of these offenses for the second time.
4. Apart from these actions, penalties mentioned above for drivers over 21, may also apply to commercial drivers for their first and second offenses of DUI/DWI. The other penalties do not apply since they are barred after the second offense.

ADMINISTRATIVE ACTIONS AGAINST DUI/DWI:

Nebraska laws have administrative implications in addition to the criminal laws against DUI/DWI. An officer may arrest a driver if:

• He/she is driving with BAC 0.08% or more.
• He/she is aged below 20 and is driving with BAC 0.02% or more.

If you are arrested for DUI/DWI, the arresting officer will confiscate your Nebraska driver license and issue a temporary 30-day driving permit, complete a notice of license suspension/revocation based on the nature of the offense along with a warrant, if applicable; and send the entire set to the Department of Motor Vehicles. The driver can schedule an administrative hearing within 20 days of the notice of suspension/revocation. It is a good idea to consult a DUI/DWI lawyer beforehand. If the hearing goes against the driver, his license will be suspended or revoked based on his previous five-year driving record. If he has any alcohol related convictions or suspensions for this five-year period, his license will be revoked for one year, and if not, then it will be suspended for 90 days. You may be eligible to drive using the Ignition Interlock Restricted License if you meet the conditions. The suspension or revocation begins after the final order of the hearing officer is mailed from the Department of Motor Vehicles. If the administrative hearing goes against the driver, he can ask for a review from the district court. If the driver, however, does not request a hearing, then the suspension/revocation begins after the arrest, and is final.

LICENSE REINSTATEMENT AFTER DUI/DWI SUSPENSION/REVOCATION:

If you are convicted of DUI/DWI, it will result in your license being suspended or revoked. This means that your driving privileges will be taken away and you will need to apply for a reinstatement of your license with the Department of Motor Vehicles, once the period of suspension or revocation is over. Reinstating a license after a suspension or revocation will also mean taking the driving tests all over again. These will include the vision test, knowledge test and the road test. If you do not complete the reinstatement requirements, the license will remain suspended or revoked.

1. To complete the reinstatement requirements, you must prove that you have successfully completed the substance abuse program or a comparable program (the agency will send the proof to the Department of Motor Vehicles once you have completed the program), pay the reinstatement fee of $50, and maintain proof of financial responsibility by filing SR-22.
2. If you are being convicted for a second or subsequent time, the court may order an ignition interlock device to be placed for breathalyzer tests on any vehicle you drive as an alternative to vehicle immobilization. You may also have to use a device that monitors alcohol continuously.
3. You can submit the reinstatement application and fees in person at a Department of Motor Vehicles office near you. The money order or cashier's check must be drawn in favour of the Department of Motor Vehicles.

ADDITIONAL INFORMATION

• DUI/DWI has been a major cause of death and injury in our nation and it is our duty to prevent such needless pain and suffering. Simply: If you drink, DON'T DRIVE! If we all follow this rule to the letter - thousands of lives will be saved each year.
• If you have been charged with a DUI/DWI get help from a DUI/DWI Lawyer.
• See also Suspended License, Point System and Traffic Ticket Lawyers.
• You can pay reinstatement fees online by Discover, Visa or MasterCard for a portal charge of $3.00.