Throughout the country, DUIs carry steep penalties. But some states treat drunk driving offenders harsher than others.
Arguably, the Nebraska legislature is one of the toughest on DUI offenses. Among other penalties, drivers charged with DUI face immediate license suspension.
In essence, you are guilty before proven innocent when it comes to the suspension of your license after such a charge. License suspension is a swift and harsh penalty that many argue is unfair.
Whether you reside in Nebraska or are just passing through when you get arrested, you need to immediately retain an experienced DUI attorney.
A Nebraska DUI charge can wreak havoc on your life. Contact the Petersen Law Office to discuss your defense.
Nebraska DUI Law
Most people probably expect the possibility of a license suspension after a DUI. However, many do not understand that your driver’s license will likely be immediately confiscated upon a DUI arrest.
Nebraska’s Administrative License Revocation Law (ALR) allows law enforcement to immediately confiscate your driver’s license if they arrest you for DUI after you fail a breathalyzer test or refuse to take one.
Only eligible drivers may receive a temporary license for 15 days. When that temporary license expires, you can apply for an ignition interlock permit (IIP).
The administrative revocation periods are as follows:
- First offense and failing the breathalyzer test: 180 days.
- Subsequent DUI offense (within 15 years) and failing the breathalyzer test: one year.
- Refusal to submit to a breathalyzer test: one year.
Under the ARL, drivers can file a petition to contest the revocation and request a hearing. However, if you choose to file the petition, you are generally not eligible for the ignition interlock permit.
You only have 10 days from the date of your arrest (or receipt of a blood test result) to file the petition, so it is imperative to move quickly.
If you are wondering what happens to your driver’s license after a DUI charge, it is imperative to seek the guidance of a Nebraska DUI lawyer immediately.
Will I Lose My License After a DUI in Nebraska?
Unfortunately, under Nebraska law, the ARL is not the only reason you risk losing your license. The ARL is administrative and only the first opportunity for license revocation.
The second time is if the criminal court judge presiding over your case orders it. In other words, if you are found guilty in your criminal case, you could be sentenced to an additional license revocation or suspension.
Statutory Penalties
Below is a summary of DUI conviction penalties.
First DUI Conviction
The penalties for a first-time DUI conviction are as follows:
- A 6-month license suspension;
- A jail sentence of 7 to 60 days, but the judge can impose a probationary period instead of jail at their discretion; and
- A $500 fine.
If your blood alcohol content (BAC) is .15% or above, you will face a one-year license suspension and increased penalties.
Second DUI Conviction
A second conviction results in the following penalties:
- A minimum license suspension of 18 months,
- A jail sentence of 30 to180 days, and
- Up to a $1,000 fine.
If your BAC is .15% or above, the potential license suspension increases exponentially to up to 15 years.
Third or Subsequent DUI Conviction
A third, fourth, or subsequent conviction could result in the following penalties:
- A jail sentence of 90 days up to 1 year,
- Up to a $1,000 fine, and
- Your license could be suspended for 15 years.
If the offense contains aggravating factors—such as a high BAC—you could face up to 3 years in prison, but the license suspension period is the same.
Collateral Consequences
A DUI conviction brings an onslaught of collateral consequences that individuals may not initially realize. It could negatively impact your application for various professional licenses, loans, and schools.
It could also stop you from entering the military. In addition, your professional career might be on the line, especially if having a driver’s license is a job requirement.
Therefore, a license suspension or revocation could be detrimental to your livelihood in more ways than one. A DUI conviction can tarnish your reputation among family, friends, and co-workers.
The best way to avoid the harsh Nebraska DUI penalties is to hire a knowledgeable and reputable DUI attorney.
Nebraska DUI Defense
We are dedicated to criminal and DUI defense at the Petersen Law Office.
With over 6,000 cases under our belt, we have the experience and resources necessary to provide you with the best chance of avoiding a DUI conviction and license suspension.
We understand DUIs happen at all times of the day, so we are available 24/7 to take your call. Contact us immediately to defend your rights!
Attorney Petersen was invited to join the National Advocacy for DUI Defense (NAFDD) organization in 2013. NAFDD vets thousands of lawyers and only chooses those who have achieved stellar results in DUI defense cases. Attorney Petersen was named one of the Top 50 defense attorneys in Nebraska out of more than 5,000.
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