Sarpy County DUI Lawyer Explains Penalties

If you were recently arrested and charged with driving under the influence (DUI) in Sarpy County, Nebraska, you are likely concerned about the outcome of the charges against you. If you have never been charged with DUI before in Nebraska, you may also be feeling a bit confused as you try to navigate the criminal justice system. One of your first concerns is likely knowing what penalties you face if convicted of the charges against you. The judge should have explained your charges and the possible punishment if convicted at your first court appearance; however, many defendants are too nervous to hear and remember what the judge said during that initial appearance. Because it is crucial that you do understand what penalties you are facing, a Sarpy County DUI lawyer provides a brief explanation of the most common penalties you might be facing. Keep in mind, however, that many factors will affect whether you are ultimately convicted, and if so, what level of offense you are convicted of at the end of your case. Consequently, consulting with an experienced Sarpy County DUI lawyer about your specific situation is imperative.

Penalties for a First-Time Non-Aggravated DUI

• Conviction of a Class W Misdemeanor
• Driver’s license revocation for 180 days (up to one year if aggravated DUI) (may qualify for a conditional license during revocation period)
• Up to 60 days in jail
• Ignition interlock device (IID) ordered to be installed in your vehicle
• Term of probation to be determined by the court
• Court fees, fines, and costs
• Alcohol evaluation and treatment if deemed necessary
• Community work service

Penalties for a 2nd Non-Aggravated DUI

• Convicted of a Class W misdemeanor
• Minimum jail time 30 days
• Maximum jail time 90 days
• Fine of $500
• 18-month license revocation
• Shall apply for ignition interlock after 45 days
• If you are given probation you will get an 18-month license revocation with ignition interlock after 45 days, $500 fine and 10 days in jail or 240 hours of community service work.

Penalties for a 3rd – 5th Non-Aggravated DUI

• Convicted as a W misdemeanor to a Class III felony
• Minimum jail time of 90 days
• Maximum jail time of 20 years
• 15-year license revocation
• If given probation you will have to serve anywhere from 30 – 180 days in jail, lose your license for a minimum of two years with application for an ignition interlock device in 45 days and a fine of $600-$1,000.

Penalties for an Aggravated DUI

The “legal limit” in Nebraska is 0.08, meaning you can be convicted of DUI if your BAC level is above that level. An “aggravated” DUI charge, however, may apply if your BAC is considerably higher than 0.08. In Nebraska, if your BAC level is 0.15 or higher you can be charged with aggravated DUI, meaning you will face increased penalties if convicted.

Penalties for a First-Time Offense Aggravated DUI

• Convicted of a class W misdemeanor
• Minimum jail time of 7 days
• Maximum jail time 60 days
• Fine of $500
• License suspension of one year
• Alcohol assessment and treatment if deemed necessary
• Shall apply for an ignition interlock device
• If you are given probation you must pay a $500 fine, lose your license for a year and either do two days in jail or perform 120 hours of community service work

Penalties for a 2nd Offense Aggravated DUI

• Convicted of a Class I misdemeanor
• Minimum jail time 90 days
• Maximum jail time one year
• Fine of $1,000
• 1-15 year license revocation
• If you are given probation you will lose your license for 1-15 years; however, you may apply for an ignition interlock device after 45 days. You will also have to pay a $1,000 fine and do 30 days in jail.

Penalties for a 3rd– 5^th Offense Aggravated DUI

• Charged as a Class IIIA – Class II felony
• Minimum jail time 180 days
• Maximum jail time 50 years
• 15-year license revocation
• If probation is given, must do 60-180 days in jail depending on level of offense with 60-180 days of CAM after release, license revocation of 5-15 years with application for interlock device after 45 days and payment of $1,000 fine.

Contact a Sarpy County DUI Lawyer

If you have been arrested for driving under the influence (DUI) in the State of Nebraska,  contact a Sarpy County DUI lawyer at Petersen Law Office 24 hours a day at 402-513-2180 to discuss your case with an experienced DUI defense lawyer.

Thomas M. Petersen

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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