Sadly, a Nebraska family will be mourning the loss of a family member this holiday season while another family is dealing with the blame for that loss. According to news sources, a 21 year old active duty Army soldier was recently charged with driving under the influence causing the death of his passenger in Omaha, Nebraska. If convicted of causing a death while driving under the influence, or DUI, the soldier could face up to 50 years in prison.
News reports indicate that the 21 year old driver was driving 70 miles per hour in a 30 mile per hour zone along Skyline Drive in Elkhorn on Sunday, December 14th when he lost control of the vehicle. The vehicle then slipped several times before finally crashing into a telephone pole and coming to rest against a wall. Investigators say the driver’s blood alcohol content, or BAC, level at the time of the accident was 0.127 percent. The legal limit in the State of Nebraska is 0.08 percent. A 21 year old male passenger was seriously injured in the crash and was transported to a local hospital where he later died. The driver apparently told police that the passenger struck him in the face, causing him to lose control of the vehicle and eventually crash.
Driving Under the Influence Causing Death in Nebraska
Nebraska has some of the countries toughest DUI laws and penalties. Under Nebraska law, a defendant who is convicted of causing a death while driving under the influence of drugs or alcohol faces up to 50 years in prison. If the defendant has a history of alcohol or drug related driving convictions the penalties faced are more severe. In the recent deadly crash, the defendant has reportedly claimed that the passenger’s actions caused, or contributed to, the accident. Only a judge or jury can decide if that claim is credible; however, if it is credible it could serve to reduce the severity of the charges against the defendant and, consequently, reduce the potential punishment he faces if convicted.
If you have been charged with driving under the influence in Nebraska causing serious bodily injury or death it is imperative that you consult with an experienced Nebraska criminal defense attorney right away. A conviction could result in the loss of your freedom for many years to come and/or a number of additional non-judicial penalties. Contact the Petersen Law Office 24 hours a day at 402-513-2180 to discuss your case with an experienced DUI defense attorney.