In Nebraska, a person can be convicted of driving under the influence (DUI) for operating or being in “actual physical control” of a motor vehicle:
The term “under the influence” means the person’s ability to drive a vehicle in a “prudent and cautious manner” is impaired to an “appreciable degree.”
A DUI arrest typically leads to administrative (license-related) consequences. In addition to administrative penalties, there are criminal penalties imposed if the defendant is convicted of DUI in court.
Under the implied consent law, the Nebraska Department of Motor Vehicles (DMV) will revoke the license of any driver who fails or refuses to take a chemical test. In most circumstances, a BAC of .08% or more is considered a failed test. The revocation periods are:
Generally, the arresting officer will take the offender’s license and issue a temporary license that’s valid for 15 days.
Ignition interlock permit. An offender whose license has been revoked can petition for an administrative hearing to fight the revocation. Offenders who waive the hearing are eligible to apply for an ignition interlock permit to use during the period of revocation.
With a failed test, the motorist can drive with an ignition interlock permit after completing 60 days of the revocation period. Motorists who refused testing, on the other hand, must complete 105 days of the revocation period before they’ll be allowed to drive with the permit.
The criminal penalties imposed for a second DUI offense vary depending on the defendant’s BAC and whether probation or a suspended sentence is granted. Typically, penalties are more severe if the defendant’s BAC was .15% or more. If a suspended sentence is granted, the defendant is usually sentenced to jail time but is allowed to serve all or part of the time on probation instead of in jail.
BAC less than .15%. A second DUI conviction with a BAC of less than .15% is a class W misdemeanor and carries:
Following a no-driving period of 45 days, the defendant is required to apply for an ignition interlock permit. An IID must be installed on any vehicle owned or operated by the offender for at least one year.
BAC .15% or more. A second DUI conviction is a class I misdemeanor if the defendant had a BAC of .15% or more or refused a chemical test. The convicted motorist will face:
The court can require all vehicles owned by the defendant to be immobilized for at least five days, but not more than eight months. As an alternative to immobilization, the defendant can be required to apply for an ignition interlock permit and install an IID after a 45-day no driving period. The offender must retain the permit and IID for at least one year or for the revocation period, whichever is longer.
BAC less than .15%. A defendant whose sentence is suspended on a second DUI will be looking at:
The offender is prohibited from driving for 45 days and must obtain an ignition interlock permit. The offender is also required to install an IID for at least one year or for the revocation period, whichever period is longer.
BAC .15% or more. Probationary sentences for second offenses involving a BAC of .15% or more include:
The offender isn’t allowed to drive for 45 days and must apply for an ignition interlock permit during the period of revocation. An IID must be installed for at least one year or for the revocation period.
Alcohol assessment and treatment. An alcohol assessment and completion of the recommended treatment program is required for all DUI offenders. And the defendant is typically responsible for the costs of the assessment and treatment.
Alcohol monitoring device. The court can require second DUI offenders to use an alcohol monitoring device and abstain from alcohol use during the license revocation period.