Nebraska Drunk Driving Laws
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Because research indicates that a person’s ability to drive becomes significantly impaired once the amount of alcohol in his or her bloodstream reaches a percentage of 0.08, state law prohibits anyone from driving with a blood alcohol content (BAC) above this amount. Therefore, even if you show no signs of impairment, you may be arrested and charged with DUI if you have a BAC of 0.08% or higher.
Since you must be 21 years of age to consume alcohol in the United States, Nebraska’s drunk driving laws are far less lenient if you have not yet reached the legal drinking age. In fact, under state law, an underage driver is considered impaired once his or her BAC reaches just 0.02%. Similarly, commercial drivers (anyone who operates a professional vehicle such as a tractor trailer, bus, or tow truck) may be arrested for DUI with a BAC of 0.04% or higher.
When an officer suspects a driver is under the influence of alcohol, he or she will often administer a chemical test in order to determine the individual’s BAC. Depending on the circumstances, a breathalyzer and/or blood or urine test may be used for this purpose. It is important to know that, as mandated by the state’s “Implied Consent Law,” all drivers are legally obligated to submit to chemical testing upon an officer’s request—which means refusing to perform the test will automatically lead to your arrest.
Nebraska law imposes harsh penalties on drivers who are convicted of DUI. For a first offense, the state’s sentencing guidelines include a maximum $500 fine, 6-month license suspension, and up to 60-day jail sentence. What’s more, your license may be revoked for an additional one-year period if you were arrested with a BAC of 0.15% or more.
On the other hand, if you were convicted of DUI in the past, a subsequent conviction will carry even more severe penalties—including a minimum one-year license suspension (with up to a 15-year sentence for a BAC of 0.15% or more), $500 fine, and 30-day jail sentence. And, after your third conviction, any additional DUI will be classified as a felony offense—carrying up to a 5-year jail sentence, $10,000 fine, and 15-year license suspension as a result.
Fortunately, being arrested for drunk driving is not the same as being convicted of it and, with the right defense strategy, you may be able to reduce or avoid many of the above consequences. To learn how, submit your information online today for a free, no-obligation consultation with a skilled DUI defense attorney in your area.
