Nebraska law states that an individual may be convicted of a driving under the influence offense in one of two ways. The first of these ways is through proof of impairment while driving. The prosecuting attorney will provide the court with evidence to prove the individual was impaired in an intoxicated state. Evidence can include breath tests, urine tests, field sobriety tests, driving patterns, physical appearance, and blood alcohol content.
Under these circumstances an individual may or may not be convicted through blood alcohol content percentage. Nebraska has a legal blood alcohol content limit of 0.08 percent. Under this drunk driving charge an individual may have a blood alcohol content over the legal limit but may not be found impaired.
The second way a driving under the influence charge may be tried is through per se law. Per se law states that driving with a blood alcohol content over the legal limit is criminal and does not associate with impairment. Under per se law a prosecuting attorney will provide evidence that an individual’s blood alcohol content is above the limit. In such cases six jurors will be present or an individual may request a trial through a judge, at his or her own discretion.
Nebraska Department of Motor Vehicles
When an individual is arrested for drunk driving the Department of Motor Vehicles will suspend his or her driver’s license. Unless the individual requests a hearing within ten days of the arrest, the suspension will stand. At a hearing with an ALR Hearing officer will evaluate whether or not the individual was arrested under lawful circumstances and if his or her blood alcohol content was above 0.08 percent. If the ALR Hearing officer finds the charges to be unlawful, he or she will present the case to the Director of the Department of Motor Vehicles and recommend that the driver’s license suspension be overturned until a verdict is reached.
If the ALR Hearing officer finds the individual guilty of the offense, his or her driver’s license suspension will vary depending on the number of previous offenses. Driver’s license suspension can last from ninety days to one year.
Nebraska DUI Convictions
DUI convictions in Nebraska have varying punishments based on prior offenses. Convictions can become aggravated if a minor was in the motor vehicle upon arrest, if the individual was driving over the legal speed limit, if the individual’s blood alcohol content percent was double the legal limit, or if another was injured.
A first DUI offense can earn imprisonment terms between seven days and sixty days and a fine between four hundred dollars and five hundred dollars. A second DUI offense can earn imprisonment between thirty days and ninety days and a fine of five hundred dollars. A third DUI offense can earn imprisonment between ninety days and one year and a fine of six hundred dollars.
Nebraska is considered a zero tolerance state where minors will be arrested for having a blood alcohol content above 0.02 percent. DUI minor punishments are normally less severe than adult offenses and usually include driver’s license suspension.