Before we look at the penalties that are imposed if you are convicted of driving under the influence, we should provide some information about the way that your level of intoxication is measured.
Blood Alcohol Content
If you are suspected of driving under the influence, the officer involved will typically ask you to submit to a blood alcohol test. The most common method that is used to measure blood alcohol content is the device known as the breathalyzer. You simply breathe into the device, and it determines your blood-alcohol level. Blood alcohol content can also be measured through a blood test or a urine test.
In the state of Nebraska, the threshold for a driver who is still a minor is just 0.02 percent. Commercial drivers are beholden to higher standards than other adults, because they are typically driving large vehicles that can do a lot of damage, and they sometimes carry flammable or toxic cargo. The blood-alcohol limit for someone driving a commercial vehicle is 0.04 percent.
The limit for everyone else is 0.08 percent. If you are wondering how much you can drink before you would exceed the 0.08% limit, the general rule of thumb is about one drink per hour depending on your body weight.
Penalties and Fines
Now that you understand the way that intoxication is measured for DUI purposes, we can look at the fines and penalties. They are graduated based on the number of times you have been convicted of driving under the influence. For a first or second offense, the fine cannot exceed $500. For a third offense you could be fined as much as $1000.
There are also drivers license revocations that the court can impose. For a first offense, the court-imposed drivers license suspension can reach six months. The revocation can reach one-year for a second offense. If you have been convicted of driving under the influence for a third time, you are looking at a very severe penalty. A 15 year period of revocation can be ordered by the court for a third offense.
Contact a DUI Attorney
In this post we have looked at some of the penalties and fines that you may face if you are convicted of driving under the influence. The key word here is “convicted.” Being accused of driving under the influence and being convicted are two entirely different things.
Any time you are being charged with a DUI offense, you would do well to discuss the matter with a licensed DUI attorney. If you live in or around Omaha, Nebraska, we can help if you have questions about DUI charges. You can get in touch with us by phone at 402-513-2180, or you could request an appointment through the contact page on this website.
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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