In the State of Nebraska, alcohol and drug related driving offenses are taken very seriously. A conviction for one of these crimes typically carries with it stiff penalties and fines as well as a number of non-judicial consequences for a motorist. Only an experienced Nebraska DUI attorney can provide you with specific advice and guidance if you are facing criminal charges; however, a basic understanding of the various potential offenses with which a motorist can be charged may be beneficial to anyone who drives in the State of Nebraska.
First, it is important to understand exactly what is illegal in Nebraska. Nebraska Revised Statute 60-6-196 applies to alcohol and rug related driving offenses and reads as follows:
It shall be unlawful for any person to operate or be in the actual physical control of any motor vehicle:
(a) While under the influence of alcoholic liquor or of any drug;
(b) When such person has a concentration of eight-hundredths of one gram or more by weight of alcohol per one hundred milliliters of his or her blood; or
(c) When such person has a concentration of eight-hundredths of one gram or more by weight of alcohol per two hundred ten liters of his or her breath.
Though most people are familiar with the 0.08 percent BAC limit, many people are not aware that you can be arrested and convicted with a lower BAC level or without a BAC result. As section (a) above illustrates, it is also illegal in Nebraska to operate a motor vehicle while under the influence of alcohol or drugs.
The crimes for which you may be charged in Nebraska are as follows:
Driving Under the Influence – First, Second and Third Offense – Class W Misdemeanor
Driving Under the Influence – Fourth Offense – Class IIIA Felony
Driving Under the Influence – Fifth or Subsequent Offense – Class III Felony
Driving Under the Influence—First and Second Offense – Class W Misdemeanor
Driving Under the Influence – Third Offense – Class IIIA Felony
Driving Under the Influence – Fourth Offense – Class III Felony
Driving Under the Influence – Fifth or Subsequent Offense – Class II Felony
DUI Involving a Crash
Serious Bodily Injury to Another Person or an Unborn Child — Class IIIA Felony
Motor Vehicle Homicide with no prior DUI conviction – Class III Felony
Motor Vehicle Homicide with a prior DUI conviction – Class II Felony
Motor Vehicle Homicide of an Unborn Child with no prior DUI conviction – Class IV Felony
Motor Vehicle Homicide of an Unborn Child with a prior DUI conviction – Class III Felony
If you have been charged with any of these offenses it is crucial that you consult with an experienced Nebraska DUI attorney right away to ensure that your rights are protected and to begin constructing your defense. Contact the Omaha, Nebraska law office of Petersen Law Office 24 hours a day at 402-513-2180 to schedule a consultation.
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