- First-time non-aggravated— A simple DUI is one in which you had a blood/breath alcohol concentration, or BAC, of over 0.08 but less than 0.15. If you are convicted of a first-time simple DUI conviction as a Class W misdemeanor in Nebraska you face anywhere from seven to 60 days in jail, a six month license suspension and a $500 fine. The court may also require you to install an ignition interlock device, or IID. An IID tests for alcohol on your breath. Before starting your vehicle you are required to blow into the IID. If the device registered alcohol your vehicle will not start. If you are required to install an IID you will also need to pay for the device. As a first-time offender the court may grant you probation in lieu of jail time and the longer license suspension. If so, you will still face a license revocation of 60 days and be required to install an IID.
- First-time aggravated — The penalties for an aggravated first-time DUI as a Class W misdemeanor include up to 60 days in jail and the $500 fine but the potential license suspension is increased to a year. Although you may also receive probation in lieu of the longer potential jail sentence, you will still face a sentence of two days in jail and a one year license suspension. In addition, you will need to install the IID for the length of your license suspension.
- Second conviction non-aggravated — the penalties for a second time, non-aggravated DUI as a Class W misdemeanor include a license revocation of up to 18 months without the ability to drive for at least 45 days and an order for an IID for at least one year. If the you receive a suspended sentence and/or are placed on probation you will pay a $500 fine and be required to spend ten days in jail or do 240 hours of community service.
- Second conviction aggravated — the penalties for a second aggravated conviction as a Class I misdemeanor include a $1000 fine and a license revocation of 18 months to 15 years along with a period of incarceration of 90 days. If the sentence is suspended or you are placed on probation you may not drive for at least 45 days and the court will enter an IID order. You must pay a $1000 fine and spend at least 30 days in jail.
- Third conviction non-aggravated– the penalties for a third DUI conviction as a class W misdemeanor include a 15 year license revocation. If you receive a suspended and/or probation sentence your license will be revoked for not less than two years without the ability to drive for 45 days and an IID order. You will be ordered to pay a $1000 fine and must spend 30 days in jail.
- Third conviction aggravated — conviction of a Class IIIA felony, license revocation of 15 years and 180 days in jail. If the sentence is suspended or you are placed on probation the license revocation will be five to 15 years without the ability to drive for 45 days and an IID order. You will pay a $1000 fine, spend 60 days in jail and wear an alcohol monitoring device when released for 60 days.
Contact Us
If you have been charged with driving under the influence in Nebraska it is imperative that you consult with an experienced Nebraska DUI lawyer to ensure that you understand the potential penalties you face if convicted. Contact the Petersen Law Office 24 hours a day at 402-513-2180 to discuss your case with an experienced DUI defense attorney.
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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