Nebraska DUIs and DWIs
FREE DUI Attorney Consultation
Find a Top Rated Lawyer In Your Area
Due to the strictness of the Nebraska DUI laws, drivers who are apprehended for drunk driving will face severe penalties imposed by both the state Department of Motor Vehicles (DMV) and the court that processed their case. Therefore, motorists who fail to avoid an NE DWI conviction on their driving records may even be imprisoned for a specific amount of time. To learn how to minimize DUI consequences with the help of a lawyer and to review the details of the process of reinstating a suspended license, read the sections below.
Nebraska DUI Citations and Convictions
Motorists who receive a DWI ticket in Nebraska for violating the state driving laws will be penalized with an administrative revocation of their driving privileges. Depending on the circumstances surrounding a DUI violation, the period of revocation will vary. Those who break the Implied Consent law by refusing to undergo the blood, breath or urine test for alcohol and/or drugs will have their license will be revoked for a full year. Those who violate the NE DWI laws by failing the test, on the other hand, will have their license administratively revoked for a period of 180 days to 12 months. If charges result in a court conviction, drivers will also be subjected to criminal penalties, in addition to the DMV sanctions imposed immediately after the arrest.
Nebraska Under the Influence Violations and Penalties
Drivers who commit DUI offenses in Nebraska are punished with different types of penalties, which vary based on several factors. For example, licensees who have committed a DUI violation with an extremely high blood alcohol concentration (BAC) level and/or have previous convictions on their driving transcripts are generally penalized with harsher consequences than first-time offenders. The following sections review the court-imposed DUI consequences in NE for drivers with one or multiple drunk driving infractions on their record.
First DUI Offense
Motorists charged with DUI in Nebraska for the first time are generally penalized with a 6-month driver’s license revocation and a fine of $500. If the circumstances surrounding the first DUI violation include a BAC level of .15 percent or above, the offender will have his or her license revoked for 1 year and he or she will either be sentenced to 48 hours in jail or 120 hours of community service.
Second DUI Offense
Convictions of second DUI violations in Nebraska result in license revocations of 18 months and $500 fines. Second convictions will also result in a public service sentence of 240 hours or a jail sentence of 10 days. Second-time offenders will also be prohibited from applying for a restricted license for 45 days from the effective date of their revocation.
Third DUI Offense
Third DUI convictions in Nebraska lead to license revocations of 2 to 15 years and a jail sentence of 30 days. Also, motorists who would like to apply for an ignition interlock permit after committing a third DUI offense will be required to complete at least 45 days of their license revocation period. The cost of DUI for third drunk driving convictions is currently set at $1000.
Fourth DUI Offense
Fourth and subsequent DWI convictions in Nebraska are treated as felony convictions and the license revocation penalty is currently set at 15 years. Drivers who commit fourth or subsequent DUI violations will also be penalized with at least $2,000 fines and minimum jail sentences of 90 days. Licensees who commit their fourth or subsequent DUI offense while driving with a BAC level of .15 percent will be punished with a minimum prison sentence of 12 months.
Drinking and Driving in Nebraska
The severity of the Nebraska DUI consequences that may arise from violations of state DUI and DWI laws is the result of the efforts of law enforcement agencies to reduce the number of DUI-related accidents and fatalities. The possibility of incurring a DWI ticket in NE increases with the consumption of alcohol and/or drugs, as these substances seriously affect a driver’s ability to make correct decisions while driving. Therefore, in order to deter motorists from committing DUI offenses in NE and potentially injuring or causing the death of other individuals, the state DMV and the presiding courts administer a combination of the penalties outlined above.
Nebraska DUI Attorneys
Due to the severity of the DUI charges in Nebraska, drivers often hire the services of a professional defense attorney to reduce the negative outcomes of their offense. By reviewing the circumstances surrounding an offense, a good NE drunk driving attorney can lend his or her professional advice on the best course of action to take in a specific case. Also, in addition to assisting with the preparation of a defense, a lawyer can help in filling out and filing the necessary court documents before, during and after the court process.
To ensure you hire an impaired driving lawyer in Nebraska that will meet your needs, communicate with several candidates and conduct a thorough research of their fees, credentials and past experience in handling cases similar to yours.
Nebraska Open Container Laws
DUI laws in Nebraska cover several alcohol and/or drug-related offenses. For instance, the risk of committing a DUI violation is higher if a driver is transporting one or more open alcohol containers in his or her vehicle while driving. Therefore, under the NE drunk driving laws, motorists are prohibited from consuming or possessing open alcoholic beverages while operating a motor vehicle on public roads or public parking areas within the state. This law applies to passengers as well. Open containers of alcoholic beverages can be transported in a vehicle if it is in the car’s trunk or out of reach of the driver and passengers.
Reinstating a Suspended Drivers License in Nebraska
Motorists convicted of a DUI violation in Nebraska will be penalized with a driver’s license revocation of a specific length. Prior to reinstating their privilege to drive, motorists will be required to fulfill the reinstatement conditions set forth by the state DMV and the presiding court. To successfully reinstate a revoked driving license in Nebraska, drivers will generally be required to complete the following steps:
- Complete the period of NE DUI offense-related revocation.
- Install an ignition interlock device (if required).
- Participate in a DUI traffic school course (if required).
- Retake the driving tests and reapply for a new driver’s license.
- Submit proof of a valid car insurance policy.
- Pay the applicable reinstatement fees.
Note: Certain drivers may be eligible to restore their driving privileges prior to the conclusion of their full revocation period by applying for an ignition interlock restricted license.
Nebraska Alcohol Awareness Classes
Drivers who are reinstating a DUI suspended license in Nebraska or a driver’s license revoked as a result of a DUI may be required to attend a specialized drunk driving traffic school program. In most U.S. states, motorists who violate the applicable driving laws must attend DUI classes for purposes of learning about the detrimental effects of intoxicants on driving habits. To learn whether or not you are required to attend a DUI course in NE prior to reinstating your license, contact a nearby DMV location.
Nebraska SR-22 Insurance
Motorists who have completed a Nebraska DUI drivers license suspension or revocation will be required to provide proof of financial responsibility to the DMV when reinstating their driving privileges. Motorists can prove that they have the adequate DUI insurance in NE by submitting the standard certificate of insurance (Form SR-22) in person or by mail to a local DMV office. In certain cases, DUI insurance companies submit the SR-22 form on behalf of the driver. The state DMV does not accept fax or photocopies, and the SR-22 filing must be fully completed and signed by a representative of the insurance company.
Note: The SR-22 proof of insurance must be maintained for 3 consecutive years following a license reinstatement.
Nebraska Laws That Pertain to DUI/DWI
Licensees must abide by the impaired driving laws in Nebraska when operating their vehicles in order to avoid the severe penalties of a drunk driving ticket within the state. To avoid violating DWI laws, adult drivers must avoid operating a vehicle with a BAC level of .08 percent or greater. Motorists younger than 21 years of age and commercial operators, on the other hand, must abide by stricter rules. For example, minor licensees can be charged with DUI in NE if they drive with a BAC level of .02 or higher, whereas commercial drivers must refrain from operating their vehicles with a BAC level higher than .03 percent.
The Nebraska Ignition Interlock Restricted Permit
One of the Nebraska DUI penalties administered after a conviction is reported on a driver’s record is a license revocation of a specified duration. While waiting out the period of DUI drivers license suspension or revocation, motorists are prohibited from operating their vehicles. However, drivers who commit a DUI can resume their driving activities by installing an ignition interlock device (IID) and applying for the IID-restricted permit.
If you are completing a DUI violation-related suspension or revocation in Nebraska, you can apply for the ignition interlock permit (IIP) by completing the following steps:
- Install an approved ignition interlock device on your vehicle.
- Verify your eligibility for the IIP credential by contacting the Nevada DMV.
- Surrender your current license to drive and meet the restoration requirements that apply to your case.
- Fill out and submit the IIP application form via the internet or in person.
- Present several identification documents and pay the applicable fee.