Article Summary
Facing a DUI charge in Kearney, Nebraska, can have immediate and long-term consequences that extend far beyond the courtroom. A DUI conviction can result in severe penalties, including jail time, hefty fines, license suspension, and mandatory installation of an ignition interlock device. Additionally, it can impact your employment, insurance rates, and even professional licenses. Nebraska’s implied consent law means that refusing a chemical test can lead to an automatic license suspension, and you only have 10 days to request an administrative hearing to challenge this suspension. Understanding the nuances of Nebraska DUI law and acting swiftly with the help of a skilled Kearney DUI lawyer is critical to protecting your rights and minimizing the impact of these charges.
What This Means for You
- Immediate Action: Contact a qualified Kearney DUI attorney immediately to ensure they request an administrative license suspension hearing with the Nebraska Department of Motor Vehicles (DMV) within the strict 10-day deadline. Missing this window can result in an automatic license suspension.
- Legal Risks: A first-time DUI conviction in Nebraska can lead to up to 60 days in jail, a $500 fine, a 6-month license suspension, and mandatory installation of an ignition interlock device. Repeat offenses carry harsher penalties, including felony charges for a third offense, which can result in up to 3 years in prison and a 15-year license revocation.
- Financial Impact: Beyond attorney fees, expect significant costs, including court fines, alcohol education program fees, ignition interlock device installation and monitoring, and increased insurance premiums, which can double or triple for several years.
- Long-Term Strategy: Depending on the outcome of your case, you may be eligible for expungement or record sealing after a certain period, which can help mitigate the long-term impact on employment, housing, and educational opportunities.
Top DUI Defense Strategies: How a Kearney, NE Lawyer Can Help You
What is a DUI in Nebraska?
In Nebraska, DUI (Driving Under the Influence) is defined under Nebraska Revised Statute §60-6,196. It is illegal to operate a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or higher (0.02% for drivers under 21). Nebraska also has a “per se” law, meaning you can be charged with DUI solely based on your BAC level, regardless of visible impairment.
Implied Consent Laws & Chemical Tests
Nebraska’s implied consent law requires drivers to submit to chemical testing (breath, blood, or urine) if lawfully arrested for DUI. Refusing a test results in an automatic license revocation for one year, even if you are not convicted of DUI. A skilled Kearney DUI attorney can challenge the validity of the test results, such as by questioning the calibration of the breathalyzer or the qualifications of the operator.
Types of DUI Offenses in Nebraska
First-Time DUI
A first-time DUI is a misdemeanor with penalties including up to 60 days in jail, a $500 fine, a 6-month license suspension, and mandatory installation of an ignition interlock device.
Repeat Offenses
Second and third DUIs carry progressively harsher penalties. A third DUI is a felony, punishable by up to 3 years in prison, a 15-year license revocation, and a $1,000 fine.
DUI with Injury or Death
If a DUI results in serious bodily injury or death, the charges escalate to felony offenses with severe penalties, including lengthy prison sentences and permanent license revocation.
Common Defenses for DUI Charges
Effective defenses include challenging the legality of the traffic stop, questioning the accuracy of field sobriety or chemical tests, and presenting evidence of rising blood alcohol levels. Medical conditions, such as diabetes or acid reflux, can also affect breathalyzer results and may be used in your defense.
Penalties and Consequences of DUI in Nebraska
Penalties include criminal consequences (jail time, fines, probation), administrative penalties (license suspension, ignition interlock devices), and collateral consequences (increased insurance rates, SR-22 requirements, and employment challenges).
The Nebraska DUI Legal Process
- Arrest: You are arrested and booked for DUI.
- Administrative Hearing: Request a hearing within 10 days to challenge license suspension.
- Arraignment: Enter a plea of guilty or not guilty.
- Pre-Trial: Your attorney may file motions to suppress evidence or negotiate a plea deal.
- Trial: If no plea agreement is reached, the case goes to trial.
- Sentencing: If convicted, penalties are imposed.
Choosing a Kearney DUI Attorney
Select an attorney with specific experience in DUI cases, knowledge of local courts, and a track record of success. Consider their communication style and fee structure. Common questions include: “How much does a DUI lawyer cost?” (typically $1,500-$5,000), “What happens at a DMV hearing for DUI?” (a chance to challenge license suspension), and “Can a DUI be expunged?” (possible after a waiting period in some cases).
State-Specific Laws/Case Examples
In Nebraska, DUI is defined under Nebraska Revised Statute §60-6,196. For example, a driver with a BAC of 0.10% was acquitted after their attorney successfully argued that the breathalyzer was improperly calibrated.
People Also Ask About
- How long does a DUI stay on your record in Nebraska? A DUI conviction remains on your record permanently unless expunged.
- Can you get a work permit after a DUI in Nebraska? Yes, you may apply for an ignition interlock permit to drive for work purposes.
- What is the penalty for refusing a breathalyzer in Nebraska? Refusal results in a one-year license revocation.
- Is a DUI a felony in Nebraska? A third DUI is a felony, as is any DUI involving injury or death.
Other Resources
For more information, consult the Nebraska Department of Motor Vehicles or the Nebraska State Bar Association.
Expert Opinion
Acting quickly is essential in DUI cases. Requesting a DMV hearing within 10 days can prevent automatic license suspension. Never plead guilty without consulting an attorney, as there may be viable defenses. Nebraska’s DUI penalties are severe, and the long-term consequences can affect your career, finances, and personal life. A skilled Kearney DUI lawyer can help navigate the legal process and work toward the best possible outcome.
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*featured image sourced by Pixabay.com
