Nebraska DUI Penalties
Implied Consent Laws
Laws requiring drivers suspected of driving under the influence to concede to breath, blood, or urine testing for alcohol content are known as "implied consent laws." Rebuttal carries penalties that can include obligatory suspension of a driving license for up to a year.
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Blood-Alcohol Concentration
In Nebraska, any driver with a blood-alcohol absorption - or BAC - above .08 percent is measured “per se intoxicated” under the law. Under this statute, this substantiation is all that is required for a driver to be convicted of Driving Under the Influence (DUI) or Driving While Intoxicated (DWI).
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Zero Tolerance Blood-Alcohol Concentration
In all states, “zero tolerance laws” centre on drivers not of legal drinking age. In Nebraska, persons under the age of 21 operating a vehicle with a .02 percent blood-alcohol level or higher than are subject to DUI penalties.
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Enhanced Penalty Blood-Alcohol Concentration
In some states there is a more difficult punishment for those convicted of DUI with a for the most part high blood-alcohol content at the point in time of arrest; this is commonly .15 to .20 percent above the legal limit. Enhanced penalty laws are not utilized in Nebraska.
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Administrative License Suspension/Revocation Penalties
These penalties are minimum mandatory penalties obligatory on drivers with a blood-alcohol concentration above Nebraska’s maximum allowable level of .08 percent or drivers subject to the implied consent laws (see above) for refusing to submit to breath, blood, or urine testing for blood-alcohol content.
Penalties involve suspension or revocation (meaning provisional or permanent removal) of the driver’s license by the DMV (Department of Motor Vehicles). In Nebraska, for the foremost DUI offense the mandatory suspension is 90 days; for the second offense, one year; for the third offense, three years.
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Vehicle Confiscation
The sentence of vehicle confiscation for DUI conviction – either lastingly or temporarily - is a option in some states, typically for repeat offenders. This is not a penalty option in Nebraska.
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Ignition Interlock
An ignition interlock device attaches to the condemned DUI offender’s car and requires the driver to do a breath-test before the vehicle will start. While this penalty for DUI conviction is a chance in some states, this is not an choice in Nebraska.
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Mandatory Alcohol Education and Assessment/Treatment
Alcohol teaching and prevention program, treatment for alcohol abuse, and consideration of a person for possible alcohol or drug addiction can be required for DUI offenders in Nebraska. These steps are often suggested instead of serving a sentence of incarceration or paying fines.
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