It is illegal in Nebraska for anyone under 21 to consume alcohol.
Nevertheless, in 2018, the Nebraska Department of Transportation reported that nearly 12% of alcohol-related crashes involved underage drivers.
Getting a DUI under 21 can have serious legal consequences. If you are charged with DUI in Nebraska, it is important to have an experienced DUI defense attorney.
Note that minor DUI charges can potentially be eliminated or reduced with the help of a DUI attorney.
To help you understand the consequence you may be facing and how to avoid them, let’s talk more about what happens when you get a DUI under 21.
What Is DUI Under Nebraska Law?
Under Nebraska law, a driver can be charged with DUI if, while in actual physical control of a motor vehicle, they:
- Have a blood alcohol content (BAC) of .08% or more or
- Are impaired in safely operating the vehicle due to drugs or alcohol.
Additionally, drivers under 21 are subject to Nebraska’s zero-tolerance law. This law permits the state to charge underage drivers with DUI if they are behind the wheel with a BAC of .02% or more.
What Are the Penalties for Minors Convicted of DUI?
Getting a DUI under 21 can come with several possible penalties depending on the circumstances of your case.
A minor convicted of DUI with anywhere between .02% and .08% BAC will have their license impounded for 30 days.If a minor refuses a chemical test of his or her breath will have their license impounded for 90 days. The Court may order a work permit allowing the person to drive to and from work during the impoundment period.
If a minor is convicted of DUI with .08% or more BAC, they can be charged the same as an adult. Penalties will vary based on several factors, including:
- Whether BAC is above or below .15%,
- Whether the minor has prior DUI convictions, and
- Whether the court allows probation.
For a first-time DUI offense with BAC above .08% but below .15%, a minor will face 7 to 60 days in jail, a $500 fine, and a six-month license revocation. If the court grants probation, the minor may avoid jail time. However, they will still face a $500 fine and a 60-day license suspension.
Additionally, all individuals convicted of DUI must complete an alcohol assessment and treatment program. Courts may also require a defendant to use an alcohol monitoring device or order the defendant’s vehicles immobilized for some period of time.
Life Consequences: What Happens If You Get a DUI Under 21?
Apart from the criminal consequences of DUI, a conviction can affect your life for years to come. Colleges and employers can ask you about your criminal history. A conviction could affect university admission or employment based on your DUI history, especially if you have multiple convictions..
How Can a DUI Attorney Help?
A skilled and knowledgeable DUI attorney from Petersen Criminal Defense Law can help you build a strong defense to your DUI charge. We have many methods for challenging DUI charges. For example, we may challenge the validity of field sobriety tests or the accuracy of breathalyzer tests.
We can help you protect your legal rights and ensure that you have a fair trial. Give us a call at 402-509-8070 or contact us online today. We offer a free consultation to help you determine whether we are the right DUI firm to help you with your case.
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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