DUI Rights Help in Nebraska – Nebraska DWI Laws
Being charged with Driving Under the Influence (DUI) is a very serious matter, whether it occurs in Omaha, Lincoln, Grand Island, Fremont, or anywhere else in the state of Nebraska. Once you have been formally charged with DUI, it is important to begin strengthening your case and fighting your charges as soon as possible. The professionals at DUIRights.com will take the time to review your unique case and look for indicators that may make it possible to have the case dismissed and the charges dropped.
Pleading to a Lesser Charge is Possible in Nebraska
In some select states, including Nebraska, it is possible for an individual to arrange a plea bargain in lieu of their DUI charges. In essence, this means the individual will plead guilty in exchange for receiving a lesser charge and sentence or punishment. The state of Nebraska does allow plea bargaining for DUI charges and individuals will usually have the option of pleading guilty to “wet reckless,” essentially a reckless driving charge where the use or presence of alcohol is indicated. While there are still punishments for this crime, they are usually much less harsh than those for DUI convictions.
Why Your DUI Rights are Important
Plea bargaining or having the charges dismissed is usually only an option when there is a hole or weak point in the state prosecutor’s case. Usually, if the individual and his or her legal team can prove rights were violated in some way during the arrest process – which happens more than one would think during a DUI arrest – it is much easier for the attorney to arrange a plea bargain with a more positive outcome for the client. In order to know if your rights were violated, you need to know what your rights are. Here are some questions your attorney may ask you to uncover if any rights violations occurred:
- Why was a traffic stop conducted? What behavior or driving rule violation occurred?
- Was the individual operation the car when the traffic stop occurred? Did the officer witness the individual driving the car?
- What observations were made by the officer to incite the traffic stop? Were his or her observations consistent with other eye witnesses?
- Did the individual receive any field sobriety testing? How was that testing administered?
- Did the individual consent to a Breathalyzer test? How was that test administered? How long after the individual’s last drink did the testing take place?
- Were the individual’s Miranda Rights recited to them?
Protect your rights and learn how to get your Nebraska DWI charges dismissed. Get Started Now by filling out the Free DUI Arrest Evaluation Form to get the answers you need.
No matter how guilty you may think you were at the time of the arrest, we want you to know one important thing: There is ALWAYS an aggressive and effective defense that will help you fight for the best possible outcome. In our experience, many officers do not follow proper field sobriety test procedures. In fact, challenging probable cause and the way field sobriety tests, blood tests and breath tests were administered is often a successful strategy to reduce or drop the charges. Also, many people plead guilty prematurely based on a breath test with a result above the legal limit. This is a common and costly mistake, as there are a variety of ways in having the breath test suppressed.
If you rely solely on a public defender to help you, your chances will be limited in preserving financial security and effectively winning your case. With our help, we will show you the easy to understand steps needed to get your Nebraska DWI charges dismissed effectively and take back the control of your situation by being equipped with the real information and attorney you need to win your case.
DUI Laws in Nebraska
If you live in or are traveling through Nebraska, you should know the state offers some of the largest monetary fines in the country, especially for repeat offenders. Mothers Against Drunk Driving (MADD) would definitely like to see tougher ignition interlock device requirements, but that may be the only area lacking in the states DUI laws.
Consequences for Refusing to Take Chemical Tests
Nebraska is an implied consent state, so while you can refuse to take these tests, you will be fined as well as having your license impounded.
- First offense – 90 day license impounded
- Second offense – 90 day license impounded
- Third offense – 90 day license impounded
Challenging BAC Levels in Court
Nebraska uses standard BAC levels when determining if the driver is DUI or not:
- Drivers that are under the age of 21, .02 percent
- Drivers 21 years of age and older, .08 percent
- Commercial drivers, .04 percent
Is There Mandatory Jail Time Required for a DUI in Nebraska
All individuals arrested and convicted of a DUI in Nebraska will receive a jail sentence. Sentences are on par with the rest of the country up until the fourth and fifth offense, where the sentences increase significantly:
- First offense – seven days to 60 days in jail
- Second offense – 30 days to one year in jail
- Third offense – 90 days to one year in jail
- Fourth offense – 180 days with a maximum of five years in jail
- Fifth offense – one-year minimum with a maximum of 20 years in jail.
The lookback period in Nebraska for sentencing purposes is 15 years.
Monetary Fines and Penalties for DUI in Nebraska
While there are maximum fines in place in Nebraska, minimum fines are at the discretion of the court:
- First offense – maximum fine of $500
- Second offense – maximum fine of $1,000
- Third offense – maximum fine of $10,000
- Fourth offense – maximum fine of $25,000
- Fifth offense – maximum fine of $25,000
License Suspension for DUI in Nebraska
In Nebraska, the judge will have some flexibility in issuing license suspensions:
- First offense – suspension of up to 60 days
- Second offense – one-year license suspension
- Third offense – minimum of two years with a maximum of 15 years license suspension
- Fourth offense – 15-year mandatory suspension
- Fifth offense – 15-year mandatory suspension
In Nebraska, there is no mandatory IID required for any violation, but the judge does have the ability to require it for any violation other than for first time offenders.
Reasons to Hire a Nebraska DUI Attorney
DUI laws in Nebraska are severe for a reason. There were more than 1,700 alcohol-related crashes in Nebraska in 2014, resulting in more than 1,200 injuries and 74 deaths. Between 2012 and 2013, alcohol-related driving fatalities increased by 64 percent. Law enforcement officials are committed to reversing this trend and striving to eliminate drunk driving altogether. Therefore, individuals charged with DUI face a long and difficult road when attempting to prove their innocence.
Retaining a lawyer is the best way to reduce or eliminate DUI charges. The court may appoint a public defender if a defendant has limited financial means. This lawyer may be able to muddle through a DUI case but the results are usually disappointing for the client. Limited experience with DUI cases and the desire to settle a case in order to move on to the next prevent most public defenders from exonerating their clients.
DUI attorneys devote more attention to clients accused of violating DUI laws. They investigate every aspect of the arrest, looking for mistakes and oversights. With a network of experts in chemical testing processes available, these lawyers can prove that blood alcohol testing techniques are not perfect. Defense arguments are structured around these issues and are often able to instill reasonable doubt that leads to charges being dropped or reduced.
How to Find a Nebraska DUI Attorney
DUI lawyers practicing in Nebraska advertise in different places and some rely on referrals. Finding one of these attorneys can be difficult when a person does not know where to look. The experts at DUIRights.com know where to find experienced Nebraska DUI lawyers and will match them to prospective clients, creating a win-win situation.
Using DUIRights.com to find a DUI attorney has additional benefits. Through our site, a visitor can request a free DUI arrest evaluation, which would regularly cost several hundred dollars. Though there is no obligation to retain the DUI attorney who provides this initial consultation, doing so is usually a wise choice. This legal expertise is usually required to win a DUI case in Nebraska.
Facing some of the most expensive fines for DUI in the United States, securing the services of a local attorney is a good decision. After looking over the evidence of the case, a good attorney may be able to have the charges dismissed. If that is not an option, a good attorney can offer a wet reckless plea or argue for lower fines and penalties. For more information and to find a licensed, local attorney, please fill out the Free DUI Arrest Evaluation Form.