The Nebraska drunk driving laws are some of the toughest in the country. An offender can be sentenced to jail for even a first time driving under the influence, or DUI, conviction in Nebraska. The penalties are even harsher, however, if a victim suffers serious bodily injury or death as a result of the driving under the influence.
If you are charged with driving under the influence causing serious bodily injury to another person or to an unborn child you will be facing a Class IIIA felony in Nebraska. Nebraska defines serious bodily injury as follows:
“…serious bodily injury means bodily injury which involves a substantial risk of death, a substantial risk of serious permanent disfigurement, or a temporary or protracted loss or impairment of the function of any part or organ of the body.”
If convicted, your driving privileges will be revoked for a minimum of 60 days and a maximum of 15 years. In addition, you will face up to five years in prison and a $10,000 fine.
If you are involved in a collision that caused the death of another person while you are driving under the influence you may be charged with motor vehicle homicide, also a class IIIA felony. If you have no history of DUI convictions, you face the revocation of your driving privileges for one to 15 years. In addition, you face up to 20 years in prison with a one year mandatory minimum and a fine of up to $25,000.
A motorist who has a previous conviction for DUI and then allegedly caused the death of someone as a result of a DUI crash will also be charged with a class IIIA felony. If convicted you face a license revocation of 15 years and 50 years in prison with a one year mandatory minimum.
If the collision caused the death of an unborn child you face a class IV felony if you have no previous convictions for DUI and a class III felony if you do have a previous DUI conviction. A conviction carries with it a license revocation of 60 days to 15 years, a term of imprisonment of up to five years and a fine of up to $10,000. If convicted and you have a previous conviction your license will be revoked for 60 days to 15 years as well; however, you also face a prison sentence of up to 25 years with a one year mandatory sentence and a fine of up to $25,000.
If you are facing charges for DUI causing serious bodily injury or death in Nebraska, consult with an experienced Nebraska DUI attorney. For a free case evaluation, contact Petersen Law Office 24 hours a day at 402-513-2180.
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