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.