Nebraska DUI Law

When recieving a DUI in Nebraska there are two seperate hearings ALR (Administrative License Revocation Hearing) and a Nebraska DUI criminal court case:

• The ALR (Administrative License Revocation Hearing) is a civil hearing where the state is try's to suspend your drivers License. If you recieve a DUI in Nebraska it is important to contact a lawyer imediatly because you only have 10 days from the date of your arrest to request a hearing with Nebraska DMV, or your license will autmaticaly be suspended.
  
  
• The Next Hearing would be the Nebraska DUI criminal court case. In this case the prosecuter will try to convict you of drinking and driving under the influence. If convicted there are a number of consequences you may face including: Jail Time, AAA, Probation, Fines, ignition interlock installed in your car.

There are two ways a person can receive a dui in Nebraska:

• The first is (common-law Nebraska DUI) based on the condition of the driver and the drivers ability to handle a motorized vechicle. If a person's impairment is prooven through driving pattern, field sobriety test performance, the physical appearance of the driver, or chemical test results you can recieve a dui.
  
  
• The second has more straignt forward quidelines. If you are pulled over and have a blood alcohol level above the legal limit (.08BAC) you will receive a dui.

If you recieve a DUI in Nebraska you do have the right to a Jury Trial. Nebraska DUI juries are contain six people. For the prosecution to convict someone of drinking and driving all six of the jury must find the defenent guilty. This means that it only takes one jurer to determin the person did not violate the law to obtain a hung jury. This will possibly result in the dismissal of the Nebraska DUI.

If ALR hearing is lost:

• First Offense - 90 day suspension with a work permit available after the first 30 days.
  
  
• Second and subsequent Offense - 1 year suspension with no work permit

License Suspensions in Criminal Court: This is in addition to the ALR suspensions:

• First Offense: 60 days with probation, or 6 months if you are sentenced to jail.
  
  
• Second Offense: 1 year with probation & the same if you are sentenced to jail.
  
  
• Third Offense: 1 year with probation and 15 years if you are sentenced to jail.
  
  
• Fourth Offense: 1 year with probation & 15 years if you are sentenced to jail.

If you win the ALR, your license is mailed back to you. When you go to court, you'll have a suspension, but may be able to drive with the ignition interlock. If you lose your license to the ALR, the court-imposed suspension is credited with the time you were suspended under the ALR. They run at the same time.

Criminal Consequences
If you receive a dui there is also a chance you may spend some time in prison. The basics are as follows.

Nebraska DUI First Offense

• Maximum: sixty days imprisonment and five hundred dollars fine.
  
  
• Mandatory minimum: seven days imprisonment and four hundred dollars fine.
  
  

• Maximum: ninety days imprisonment and five hundred dollars fine.
  
  
• Mandatory minimum: thirty days imprisonment and five hundred dollars fine.
  
  

• Maximum: one year imprisonment and six hundred dollars fine.
  
  
• Mandatory minimum: ninety days imprisonment and six hundred dollars fine.