Potential Judicial Penalties for a First Offense DUI
One reason people often think an attorney is not necessary for a first-time DUI is because the potential judicial penalties are not severe enough to warrant hiring an attorney. The term “judicial” in this context is important because there are really two different types of penalties you face if convicted of a DUI. Judicial penalties are those directly imposed by the judge at hour sentencing. For a first-time DUI in Nebraska without aggravating circumstances those include things such as:
- Maximum of 60 days in jail
- 6-month license revocation
- $500 fine
- Installation of an Ignition Interlock Device (IID)
The reality is that few people are actually ordered to serve the maximum time in jail for a first-time DUI conviction and while there is a six-month license revocation, a defendant may still operate a motor vehicle if he/she obtains an Ignition Interlock Device Permit. Knowing this, some people decide that it is not necessary to hire an attorney because they are unlikely to be sentenced to a lengthy period of incarceration and they still have an avenue by which they can legally drive. What they do not think about, are the non-judicial penalties they face if convicted of even a first-time DUI.
Potential Non-Judicial Penalties for a First Offense DUI
Where many people make a mistake when deciding whether or not to hire an attorney for a first offense DUI is in not taking the potential non-judicial penalties into account. Non-judicial penalties are the negative consequences and/or ramifications of a DUI conviction that are not directly related to the sentence the judge hands down in court. All too often, these “penalties” are far more detrimental to your life and are much longer lasting than the actual judicial penalties. Some common non-judicial penalties include:
- Loss of current employment
- Automatic disqualification for future employment opportunities
- Professional discipline if you hold a professional license (doctor, lawyer, teacher, real estate agent, nurse, accountant, etc.)
- Increased insurance rates (often as much as 3x higher) for 3-5 years following the conviction
- Removal proceedings or disqualification for a change of status if you are a foreign national
- Interference with custody and/or visitation with minor children if you are divorced or get divorced in the future.
- Disqualified for certain types of permits and licenses (such as a liquor license to manage or operate a restaurant or bar)
For the average person, any one of these non-judicial penalties is likely worse than all of the judicial penalties combined. The prosecuting attorney is not going to warn you about the non-judicial negative consequences you face if you accept a guilty plea agreement, nor is the judge. They are only required to explain the judicial penalties you face. Without an experienced Nebraska DUI defense attorney on your side you will not have a clear picture of all the penalties you could incur as a result of even a first offense DUI conviction. If there is a chance that you could avoid the conviction, and thereby avoid all of the potential penalties, doesn’t it now make sense to explore that possibility?
Contact Us
If you have been charged with driving under the influence, or DUI, 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.
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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