NEBRASKA DUI/ DWI
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, drugs or other intoxicants. The increased alcohol level in a driver’s blood decreases mental and motor skills. This reduces a driver’s ability to control the vehicle and increases driver errors of judgment and often results in accidents causing severe injuries and even death!
Drunk driving is the single largest cause of motor vehicle related fatalities. It accounts for a high of 38% to 52% of the total number of motor vehicle related deaths each year.
NEBRASKA DUI/ DWI REGULATIONS
In Nebraska, the Blood Alcohol Content (BAC) limit is set at:
0.08% – for drivers over 21 years of age
0.04% – for commercial drivers (CDL)
0.02% – for drivers under 20 years of age
Having a license in the state of Nebraska automatically renders “implied consent”. “Implied consent” can be used by the officer to test your BAC level if you are stopped on the suspicion of drunk driving, either through a Breathalyzer test or by an actual blood test. Refusing to take the chemical test will result in your license being revoked for 1 year; for those under 20, your license will be confiscated for 90 days and be on your driving record for 120 days. If you are convicted of DUI/DWI, 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.
Insurance companies keep a close watch on DUI violations. Your insurance premiums may go up drastically, and you may be labeled a “high-risk” customer. Even worse, your insurance company may cancel your policy, leaving you to search for insurance with the “high-risk” driver tag, meaning you’ll have to pay much higher premiums.
NEBRASKA DUI/ DWI PENALTIES
If convicted of a DUI/ DWI the ramifications include: Heavy Fines, Points on your drivers license, and a License Suspension or Revocation, and higher Insurance Premiums! Points are assessed based on the severity of the offense and the number of convictions. All this information can be found on our website. You could also contact an STA Advisor absolutely FREE!!!
1st Offense
- Is treated as a Class W Misdemeanor.
- Imprisonment for up to 60 days (at least 7 days mandatory) and/or a $500 fine ($400 if on probation).
- 6 points will be added to your driving record.
- Your license will be revoked for 6 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. Check your eligibility on the NE DMV website or call (402) 471-3985. Complete an Application for Nebraska Ignition Interlock Permit (IIP). If approved, you’ll need to visit your local NE DMV office with: Proof of your identity, date of birth, address and payment for the $47.50 IIP fee.
1st offense with BAC of 0.15 or more
- Is treated as a Class W Misdemeanor.
- Imprisonment for up to 60 days (at least 7 days mandatory) and/or a $500 fine (minimum $400 and $500 if on probation).
- Your license will be revoked for 1 year (impounded or 1 year revocation if on probation).
- If on probation, you may undergo imprisonment for 2 days or have to undertake community service for a minimum of 120 hours.
2nd Offense
(within 5 years)
- Imprisonment for up to 90 days (at least 30 days mandatory) and/or up to a $500 fine ($500 if on probation).
- 6 points will be added to your driving record.
- Your license will be revoked for 1 year (same period if on probation).
- You may be eligible to drive using the Ignition Interlock Restricted License if you meet the conditions. Check your eligibility on the NE DMV website or call (402) 471-3985. Complete an Application for Nebraska Ignition Interlock Permit (IIP). If approved, you’ll need to visit your local NE DMV office with: Proof of your identity, date of birth, address and payment for the $47.50 IIP fee.
- 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 5 days to 8 months.
2nd Offense with BAC of 0.15 or more
- Is treated as a Class I Misdemeanor.
- Imprisonment for up to 1 year (at least 90 days mandatory) and/or a $1,000 fine (minimum $400 and $1,000 if on probation).
- Your license will be revoked for 15 years (1 year mandatory, impounded or revoked for 1 to 15 years if on probation).
- If on probation, you may undergo imprisonment for 30 days.
3rd Offense
(within 10 years)
- Imprisonment for up to 1 year (at least 90 days mandatory) and/or up to a $600 fine ($600 if on probation).
- 12 Points will be added to your driving record.
- Your license will be revoked for 15 years (2 to 15 years if on probation).
- If on probation, you may undergo imprisonment for 30 days.
- Your vehicle will be immobilized at your cost for between 5 days to 8 months.
3rd Offense with BAC of 0.15 or more
- Is treated as a Class IIIA Misdemeanor and may result in imprisonment for up to 5 years (at least 180 days mandatory) and/or a $10,000 fine ($1,000 if on probation).
- 12 Points will be added to your driving record.
- Your license will be revoked for 15 years (revoked for 5 to 15 years if on probation).
- If on probation, you may undergo imprisonment for 60 days.
4th Offense
- Imprisonment for up to 5 years (at least 180 days mandatory) and/or up to a $10,000 fine ($1,000 if on probation).
- 12 points will be added to your driving record.
- Your license will be revoked for 15 years (same period if on probation).
- If on probation, you may undergo imprisonment for 90 days.
- Your vehicle will be immobilized at your cost for between 5 days to 8 months.
4th Offense with BAC of 0.15 or more
- Is treated as a Class III Misdemeanor.
- Imprisonment for up to 20 years (at least 1 year mandatory) and/or a $25,000 fine ($1,000 if on probation).
- 12 Points will be added to your driving record.
- Your license will be revoked for 15 years (revoked for 5 to 15 years if on probation).
- If on probation, you may undergo imprisonment for 120 days.
5th Offense
- Is treated as a Class III Felony.
- Imprisonment for 20 years (at least 1 year mandatory) and/or $25,000 fine ($1,000 if on probation).
- 12 points will be added to your driving record.
- Your license will be revoked for 15 years.
- If on probation, you may undergo imprisonment for 180 days.
- Your vehicle will be immobilized at your cost for between 5 days to 8 months.
5th Offense with BAC of 0.15 or more
- Is treated as a Class II Misdemeanor.
- Imprisonment for up to 50 years (at least 1 year mandatory) and/or a $1,000 fine if on probation.
- 12 Points will be added to your driving record.
- Your license will be revoked for 15 years (revoked for 5 to 15 years if on probation).
- If on probation, you may undergo imprisonment for 180 days.
If you are under 21 years old:
- 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.
- The license may be impounded for 30 days after the first conviction, and suspended or revoked after the second or subsequent conviction.
- Aside from these actions, penalties mentioned above may also apply to minors if they are convicted of DUI/DWI.
NEBRASKA PENALTIES FOR COMMERCIAL VEHICLE DRIVERS (CDL)
- 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%. The arresting officer will also issue you an “out-of-service” order valid for 24 hours.
- 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.
- You will be barred from driving a commercial vehicle for life if you are convicted for any of these offenses for the second time.
- 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.
NEBRASKA 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:
- The driver is age 21 and over driving with BAC 0.08% or more.
- The driver is aged under age 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 5-year period, his license will be revoked for 1 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.
NEBRASKA LICENSE REINSTATEMENT for 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.
- 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.
- 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.
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 paid to the order of the Department of Motor Vehicles.