As you are undoubtedly aware, the State of Nebraska has a series of laws that make it illegal to drive while under the influence of alcohol or drugs (DUI or DUID). What you may not know, however, is that the City of Omaha also has its own laws relating to drinking and driving. While the city ordinances are substantially similar to the state DUI laws, there are some subtle differences worth noting.
Omaha City Ordinance Sec. 36-115 is where the city laws relating to drinking and driving can be found which reads as follows:
- It shall be unlawful for any person to operate or be in the actual physical control of any motor vehicle:
- While under the influence of alcoholic liquor or of any drug;
- When such person has a concentration of eight-hundredths of one gram or more by weight of alcohol per 100 milliliters of his or her blood; or
- When such person has a concentration of eight-hundredths of one gram or more by weight of alcohol per 210 liters of his or her breath.
- Any person who operates or is in the actual physical control of any motor vehicle while in a condition described in subsection (1) of this section shall be guilty of a crime and upon conviction punished as provided in section 36-119 and 36-120
One significant difference between the State of Nebraska DUI laws and the City of Omaha DUI laws is that the city laws apply to private property as well as public roadways. In essence this means that you could be arrested, charged, and convicted of driving under the influence for sitting in your driveway in your vehicle if you had the requisite concentration of alcohol in your system and/or you were proven to have been under the influence of drugs at the time in question.
Whether you are charged pursuant to the city ordinance or a state statute, facing charges of driving under the influence can be frightening given what is at state. Both the judicial and non-judicial consequences of a DUI conviction can be far-reaching and lon-lasting.
If you have been charged with driving under the influence in Nebraska contact the Petersen Law Office 24 hours a day at 402-513-2180 to discuss your case with an experienced DUI defense attorney.
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