1. What are the minimum and maximum penalties for a first time DUI offense in Nebraska?

The minimum penalty for a first time DUI offense in Nebraska is a $500 fine, up to 6 months in jail, and your driver’s license can be suspended from 90 days up to 15 months. The maximum penalty for a first time DUI offense in Nebraska is a $1,000 fine, up to 1 year in jail, a 15-month license suspension, and 9 points on the driver’s license.

2. What is the legal Blood Alcohol Content (BAC) limit in Nebraska?

The legal Blood Alcohol Content (BAC) limit in Nebraska is 0.08%.

3. Is it a criminal offense to refuse to take a chemical test after being pulled over for suspicion of DUI in Nebraska?

Yes, it is a criminal offense to refuse to take a chemical test after being pulled over for suspicion of DUI in Nebraska. If you do refuse, you will face an automatic revocation of your driver’s license for a period of one year.

4. How long does a DUI conviction stay on an individual’s record in Nebraska?

In Nebraska, a DUI conviction typically remains on an individual’s record for 10 years.

5. Are there any exceptions to the zero tolerance policy on underage drinking and driving in Nebraska?

Yes, there are some exceptions. For example, if an individual is found to be underage and found to be drinking and driving, but meets certain criteria, such as having a valid medical reason for consuming alcohol, then they may not face prosecution under the zero-tolerance policy.

6. Are there any restrictions on the sale or possession of alcohol for drivers under 21 years of age in Nebraska?

Yes, drivers under 21 years of age are not allowed to purchase, possess, or consume alcohol in Nebraska. Additionally, it is illegal for any person under 21 years of age to be in a bar or liquor store unless accompanied by a parent or guardian.

7. Are there any ignition interlock laws in Nebraska?

Yes, Nebraska has ignition interlock laws. Drivers convicted of driving under the influence (DUI) or DUI-related offenses are required to install ignition interlock devices in their cars. The offender must operate the vehicle with an ignition interlock device installed for at least six months. After six months, the device will be removed if the offender has followed all terms and conditions of the court order and has not had any positive breath tests or other violations of the court order.

8. What type of license suspension is issued for a DUI conviction in Nebraska?

In Nebraska, a person convicted of driving under the influence (DUI) is subject to an indefinite license suspension. The length is determined by the severity of the DUI conviction and any aggravating factors, such as prior convictions or high blood alcohol content. The period of suspension can range from 30 days to 15 years.

9. Is an individual required to attend drug and alcohol classes or treatment programs after being charged with a DUI in Nebraska?

Yes, in Nebraska, individuals who have been charged with a DUI may be required to attend drug and alcohol classes or treatment programs as part of their sentence. The length and severity of the program depends on the severity of the DUI charge.

10. Does Nebraska have an implied consent law for chemical testing after a DUI arrest?

Yes, Nebraska has an implied consent law for chemical testing after a DUI arrest. Under the law, if you are arrested for DUI, you are required to submit to chemical testing at the request of a law enforcement officer. If you refuse to submit to testing, your driver’s license will be revoked for a period of at least one year.

11. Are there any laws requiring sobriety checkpoints or roadblocks in Nebraska?

Yes, there are laws requiring sobriety checkpoints or roadblocks in Nebraska. The Nebraska State Patrol has the authority to set up these checkpoints and roadblocks in order to check for impaired drivers, and these are typically set up during times when there is an increased risk of drunk driving, such as holidays or special events.

12. Are there any restrictions on the types of vehicles an individual may operate following a DUI conviction in Nebraska?

Yes. Nebraska law requires that an individual convicted of a DUI offense must install an Ignition Interlock Device (IID) on any vehicle they own or operate. Individuals must also be issued an Ignition Interlock Permit (IIP) from the Nebraska Department of Motor Vehicles in order to operate any vehicle while an IID is installed.

13. Is it possible to have a DUI charge reduced to a lesser offense in Nebraska?

Yes, it is possible to have a DUI charge reduced to a lesser offense in Nebraska. Depending on the circumstances, the court may reduce the charge from a DUI to a wet reckless, reckless driving, or careless driving. A reduction in charge comes with a number of benefits, including a decrease in the potential penalties associated with the offense, such as probation, jail time, and fines.

14. What is the legal limit for open containers of alcoholic beverages while driving in Nebraska?

In Nebraska, it is illegal to have an open container of an alcoholic beverage while driving a motor vehicle. This applies to both the driver and any passengers. It is also illegal for a passenger to possess an open container of an alcoholic beverage while in the passenger compartment of a motor vehicle.

15. Does insurance coverage change after a DUI conviction in Nebraska?

Yes, insurance coverage can change after a DUI conviction in Nebraska. Insurance companies may charge a higher premium or drop coverage altogether due to the increased risk factor associated with a DUI conviction.

16. Are there any circumstances where an individual may drive with revoked license resulting from a DUI conviction in Nebraska?

No. According to Nebraska state law, a license may not be reinstated following a DUI conviction. Driving with a revoked license resulting from a DUI conviction is punishable by up to 6 months in jail and a fine.

17. Are there any laws that make it illegal to operate a vehicle without insurance after being convicted of a DUI in Nebraska?

Yes. According to Nebraska Revised Statute 60-4-512, “No motor vehicle liability insurance policy may be issued or renewed, and no certificate of financial responsibility shall be issued, to any person who has been convicted of operating a motor vehicle while under the influence of alcohol or drugs in the preceding three years.”

18. Is plea bargaining allowed for DUI cases in Nebraska?

Yes, plea bargaining is allowed for DUI cases in Nebraska. Depending on the severity of the offense, a prosecutor may be willing to offer a plea bargain in exchange for a guilty plea or reduced charges.

19. How long does an individual have to request a hearing with the DMV regarding driver’s license revocation for a DUI conviction in Nebraska?

Nebraskans have 15 days from the date of their revocation notice to request a hearing with the Department of Motor Vehicles (DMV) for driver’s license revocation for a DUI conviction.

20. Does Nebraska offer any programs that allow individuals to get their driver’s license reinstated following a DUI conviction?

Yes, Nebraska does offer programs that allow individuals to get their driver’s license reinstated following a DUI conviction. These programs are administered by the Department of Motor Vehicles and involve completing an evaluation, completing a treatment/education program, and paying all applicable fees.