Best DUI & DWI Lawyers in Nebraska

About DUI & DWI Law in Nebraska, United States

Driving under the influence (DUI) and driving while intoxicated (DWI) are serious criminal offenses in Nebraska. These laws are designed to keep roads safe by penalizing drivers who operate vehicles under the influence of alcohol, drugs, or a combination of both. DUI and DWI charges can lead to severe penalties, including license suspension, fines, and even jail time. Law enforcement agencies in Nebraska use chemical testing, such as breathalyzers and blood tests, to determine blood alcohol concentration (BAC) and establish impairment.

Why You May Need a Lawyer

People facing DUI or DWI charges in Nebraska often benefit significantly from legal representation. A lawyer can help if you are:

• Charged with your first, second, or subsequent DUI/DWI offense
• Facing aggravated circumstances such as high BAC, minors in the car, or property damage
• Accused of refusing a chemical test
• Concerned about the impact on your driving record and insurance rates
• At risk of job loss due to license suspension
• Unsure how to navigate the criminal justice system
• Subject to potential jail sentences or heavy fines
• Challenging the evidence or legality of your arrest

An experienced DUI/DWI lawyer understands Nebraska law and can protect your rights, negotiate for reduced charges, and guide you through legal proceedings.

Local Laws Overview

Nebraska has specific laws governing DUI and DWI offenses. The following are some of the key factors:

• The legal limit for BAC is 0.08 percent for most drivers. For commercial drivers, it is 0.04 percent, and for drivers under 21, it is 0.02 percent.
• Refusal to submit to a chemical test can result in automatic license revocation under the Implied Consent Law.
• First-time offenders may face up to 60 days in jail, fines up to $500, and license revocation for six months.
• Repeat offenses carry increasing penalties, including longer jail sentences, higher fines, mandatory alcohol assessments, mandatory ignition interlock devices, and extended license suspensions or revocations.
• Aggravating factors, such as a very high BAC, accidents, injuries, or transporting minors, result in enhanced penalties.
• Nebraska also participates in the Driver License Compact, meaning DUI offenses will follow you to other states.

Understanding these local laws is crucial for anyone facing DUI or DWI charges in Nebraska.

Frequently Asked Questions

What is the difference between DUI and DWI in Nebraska?

In Nebraska, DUI (driving under the influence) and DWI (driving while intoxicated) are often used interchangeably to refer to operating a motor vehicle while impaired by alcohol or drugs. The state formally uses DUI but the consequences are the same regardless of terminology.

What is the legal limit for blood alcohol concentration in Nebraska?

The legal limit is 0.08 percent for drivers 21 and over, 0.04 percent for commercial drivers, and 0.02 percent for drivers under 21.

What happens if I refuse a breathalyzer or chemical test?

Refusing a chemical test in Nebraska leads to an automatic driver’s license revocation, even if you are not convicted of DUI. It is against the law to refuse, due to Nebraska’s Implied Consent Law.

How long will I lose my license for a first-time DUI?

A first-time DUI typically leads to a six-month license revocation. You may be eligible for an ignition interlock permit during this period.

Are there enhanced penalties for high BAC or aggravating circumstances?

Yes. A BAC of 0.15 percent or higher, having minors in the vehicle, or causing injury or property damage can result in more severe penalties.

How can an attorney help with my DUI case?

An attorney can evaluate evidence, challenge the traffic stop or testing procedures, negotiate plea agreements, represent you in court, and work to minimize penalties.

Will a DUI conviction stay on my record?

A DUI conviction remains on your driving record permanently in Nebraska, although certain factors may impact how long it is considered for sentencing or insurance purposes.

Can I drive after a DUI arrest?

You may be eligible for a temporary license or ignition interlock permit, depending on your case details. Otherwise, your license will be revoked for a set period.

What if I have a prior DUI conviction?

Repeating offenders face much harsher penalties, including longer license revocations, mandatory jail, higher fines, and more extensive probation or monitoring.

Is there a way to get my DUI charges reduced or dismissed?

It is possible. Factors such as improper police procedures, lack of evidence, or successful plea bargaining may result in reduced or dismissed charges. A knowledgeable DUI lawyer can review your case for possible defenses.

Additional Resources

If you are facing DUI or DWI charges in Nebraska, these resources can provide additional information or help:

• Nebraska Department of Motor Vehicles (DMV) - Information on license suspensions and ignition interlock permits
• Nebraska State Patrol - DUI statistics, awareness programs, and traffic safety resources
• Nebraska Judicial Branch - Public court records and legal forms
• Local bar associations - Referrals for criminal defense attorneys experienced in DUI/DWI cases
• Substance abuse counseling services and statewide treatment referral providers

Next Steps

If you are dealing with a DUI or DWI charge in Nebraska, consider these actions:

• Read all documentation from law enforcement and the courts carefully
• Mark all deadlines on your calendar, especially those for court dates and administrative hearings
• Contact a DUI/DWI attorney as soon as possible to discuss your options
• Gather any relevant information about your arrest, including police reports and test results
• Consider seeking support from counseling or alcohol education programs if appropriate

The sooner you seek legal help, the better your chances are for a positive outcome. An experienced attorney can guide you through the legal process, protect your rights, and help you make informed decisions at every step.