If so, it is imperative that you understand the reason why your charges are “aggravated” as well as the possible penalties you face if you are convicted of those charges.
To ensure that you do understand the situation you find yourself in, an Omaha aggravated DUI attorney at Petersen Criminal Defense Law answers the question, “What is aggravated DUI in Nebraska?”
If you have been charged with an aggravated drunk driving offense, contact our Nebraska DUI defense team today by calling 402-234-8323 or by filling out our online contact form for a free evaluation of your case.
The Nebraska DUI Basics
As you probably already know, it is illegal to operate a vehicle in Nebraska with a blood alcohol concentration (BAC) of 0.08 percent or greater.
If you submit to a chemical test and the results show a BAC over 0.08 percent, you will almost certainly be charged with driving under the influence (DUI).
Aggravated DUI in Nebraska
A motorist’s BAC level can be significantly higher than 0.08 percent, and the higher it is, the more dangerous it is for that individual to be operating a vehicle.
With that in mind, many states, including Nebraska, provide for increased penalties if a defendant’s BAC level is above a certain percentage.
In Nebraska, a BAC level above 0.15 percent (almost double the “legal limit”) raises the offense to an aggravated DUI, which increases the penalties if convicted of that offense as follows:
1st Offense Aggravated DUI in Nebraska
- Charged as 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
2nd Offense Aggravated DUI in Nebraska
- Charged as 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.
3rd – 5th Offense Aggravated DUI in Nebraska
- 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, you must do 60-180 days in jail depending on the level of offense with 60-180 days of CAM after release, license revocation of 5-15 years with an application for interlock device after 45 days and payment of $1,000 fine.
DUI with Serious Bodily Injury in Nebraska
In addition to a motorist’s BAC level, when a DUI results in serious bodily injury in Nebraska the offense is also aggravated and additional penalties apply.
Just because you were involved in a collision does not always raise the offense to an aggravated offense.
It is important to understand how the state defines “serious bodily injury” when the term applies to a DUI offense.
“Serious bodily injury” is defined by statute as “bodily injury which involves a substantial risk of death, or which involves substantial risk of serious permanent disfigurement, or protracted loss or impairment of the function of any part or organ of the body.”
The increased penalties that may be imposed include:
- Charged as a Class IIIA Felony
- Up to 5 years in jail
- Fine of up to $10,000
- Driving privileges revoked for 60 days to 15 years with a mandatory minimum revocation period of 60 days.
Contact an Omaha Aggravated DUI Attorney at Petersen Criminal Defense Law
Since 1995, Petersen Criminal Defense Law has helped our clients by fighting for their legal rights and striving to get them the justice they deserve.
- What Is the Penalty for Sexual Assault in Nebraska? - Wednesday, July 27, 2022
- Unlawful Traffic Stops in Nebraska - Monday, July 25, 2022
- What Is Illegal Drug Manufacturing in Nebraska, and What Are the Penalties? - Monday, June 20, 2022