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DUI Law in Nebraska

  DUI Laws & Info  -   POSTED: 2007/01/13 00:37

You Are DWI In Nebraska if your blood alcohol content (BAC) is .08% or higher.


First Offender Penalties:

Jail
60 days in jail, 7 days mandatory minimum.

License Revocation
Mandatory minimum 6 month license revocation. Law enforcement may immediately confiscate your driver's license as a result of a Driving Under the Influence (DUI) arrest. You may receive a temporary license for 30 days. Drivers may file a petition to request a hearing to contest the revocation. The petition must be mailed within 10 days of Notice being served to the driver.

Fine
$400 fine.

Probation
60-day license revocation plus a $400 fine.

Alcohol Assessment / Treatment
A person convicted of DWI will also have to pay for an alcohol assessment during a pre-sentence evaluation and if ordered by the judge will be required to attend an alcohol treatment program. The treatment program can cost over $3,000 and will be at the expense of the person convicted of DWI.

Employment Driving Permit
During the period of the Administrative revocation of your driving privileges, an employment driving permit is available under certain circumstances.

Test Refusal
Drivers who refuse the breath or blood test will be revoked for a one (1) year time period, plus facing criminal charges (see above).

Ignition Interlock
If you failed the chemical test, you may be required to install (at your expense) an ignition interlock, a device that will not allow you to operate your car if you have any alcohol in your system.

Under 21
If you are under 21 and had a BAC of .02-.079 there are no criminal penalties, but driving privileges can be suspended. If the BAC is between .02 and .08, driving privileges may be suspended for 30 days on the first occurrence, and one year on any subsequent occurrence. If a driver has a BAC of .08 or above, driving privileges can be suspended for one year.

Commercial Driver
You can be disqualified for one (1) year for a first time conviction for DUI with an alcohol concentration of .04 or more, or refusing to take a blood alcohol test. If these violations were while transporting hazardous materials the disqualification is increased to three (3) years.

Insurance
You insurance rates will probably increase significantly. Rates for your family members, or even for your employer (if you use a company car), may increase as well.

Reinstatement Requirements
Surrender operator's license/permit (if not done at the scene) or sign an "affidavit of lost license" if you no longer have possession of the license. This does not apply if the license has expired.

Pay a $125.00 reinstatement fee. Payment of the reinstatement fee needs to be in the form of a cashier's check, bank draft, money order made payable to the Department of Motor Vehicles (no personal or business account checks).

Higher Penalties
Higher penalties are imposed if your DWI involved and accident, injury or death, or if you had a passenger under 16 years of age.


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