Results of Dui and DUI Cases

Nebraska law makes it illegal for anyone to operate a vehicle while under the impact of alcohol or drugs. These laws are referred to as the DUI laws and remain in location to help secure individuals who are using Nebraska's streets. When you are detained and founded guilty for a DUI offense in Nebraska, you are dealing with administrative and criminal penalties that have the power to turn your life upside down. Since the consequences of being convicted of driving under the impact are so dire, it is very important that you contact a Nebraska DUI attorney instantly after your arrest so your rights can be preserved and you have the very best opportunity of protecting yourself against the charges.

The arrest will set off two entirely separate cases versus you when you are apprehended for a DUI in Nebraska. One is a criminal lawsuit where a prosecutor will try to have you convicted of driving while intoxicated and be punished according to the law. The 2nd is an administrative case where the state will attempt to suspend your driving opportunities. This is called an Administrative License Revocation Hearing and can be a fundamental part of your case. Having a Nebraska DUI lawyer represent you throughout this hearing can assist you to save your driving opportunities and may likewise assist you during your criminal lawsuit.

Like lots of states, Nebraska has 2 theories under which someone who has actually been charged with DUI can be prosecuted. The first involves the disability of the chauffeur in question. The district attorney will use driving practices, stopped working sobriety tests, and the appearance of the driver to attempt to show that the motorist was too impaired to safely operate an automobile. The 2nd theory involves the "per se" DUI law in Nebraska. Impairment is not the concern in this type of case. This type of case exclusively involves the chemical test results gotten from a sample provided by the defendant. Even if the driver did not odor of alcohol or show any bad driving patterns, they can still be founded guilty of driving under the influence if the chemical screening reveals a blood alcohol concentration level of 0.08% or greater. If charged with DUI, the motorist can a jury trial where the prosecutor should prove beyond an affordable doubt that the defendant is guilty of driving under the influence. If even one of the jurors does not think that the offender was under the impact beyond an affordable doubt, it will lead to a hung jury and the DUI charges may be dismissed.

The Nebraska DMV might suspend the driving privileges of somebody who is jailed for driving under the impact in Nebraska. This suspension occurs automatically as soon as the arrest has happened, but you have the alternative of asking for a hearing in front of the DMV. This request needs to be made within ten days or you will lose your driving privileges in Nebraska. Make your demand as soon as possible after your arrest so that you have a cushion of time to utilize if a problem must take place. If you wait until the 9th day to make your demand, something may fail with the phone lines or something else you need to make your request and then you will remain in danger of missing out on the due date. Throughout the hearing, important details will be thought about such as the legality of the chemical or the arrest screening available from the case. The hearing officer presiding over the case will suggest if you must lose your license or have it went back to you. The Director makes the final decision about your driving privileges.

If you lose this hearing, your license will be suspended for 90 days and you will be able to get a limited work license after 1 month of the suspension. If you have a subsequent or 2nd offense, your license will be suspended for one year and you will not have the ability to get a work authorization or drive for any factor. If you are founded guilty of DUI, the court will independently impose license suspension charges. For a first offense, the charge is 60 days if you are sentenced to probation or 6 months if you need to serve prison time. A second offense will lead to a suspension of one year whether you are sentenced to prison time or not. If you are given probation and a fifteen year suspension if you have to serve jail time, a third offense will result in a one year suspension. A 4th offense likewise results in a one year suspension with probation or a fifteen year suspension with jail time. In a few of the courts, you may be enabled to drive if you have an ignition interlock gadget installed in your automobile, however that is up to the court. All of this details makes DUI a very complicated case, so it is essential that you have a Nebraska DUI lawyer to defend you versus DUI charges.

You will deal with penalties that differ depending on the level of offense and any other particular factors if you are convicted of a driving under the influence charge. For a first offense, the minimum charge is 7 days in jail and a $400 fine. The maximum penalty for a first offense is 60 days of prison time and a $500 fine. For a second DUI offense, the minimum charge is 1 month in prison and a $500 fine. The maximum charge for a second DUI offense is 30 days in jail and a $500 fine. For a 3rd offense, dui class near me the minimum penalty is 9 days in prison and a $600 fine. The maximum charge for a third DUI offense is one year in prison and a $600 fine.