Nebraska DUI/DWI Overview--I been charged with Driving Under the Influence. What happens now?

12/8/20099:41:59 PM Link 0 comments | Add comment

ALR, Criminal Defense, Criminal Defense Attorney, Criminal Defense Lawyer, DMV, Driving Under the Influence, DUI

When you receive a DUI/DWI in Nebraska you are dealing with two separate processes: (1) the Department of Motor Vehicles (DMV) Administrative Loss Hearing (ALR) and (2) the State of Nebraska criminal justice system.

First, let’s discuss the process of dealing with the DMV.  Whenever you have been cited for Driving Under the Influence, you face the possibility of the DMV suspending your license.  The time period for suspension depends on whether your license has previously been suspended by the DMV under the ALR process.  DMV license suspensions for first offenses are ninety days.  

When you have been given a citation or arrested for DUI in Nebraska, you will be given at least three things: (1) copy of your citation or booking sheet from the jail, (2) thirty-day temporary license/notice/sworn report (typically yellow in color) and (3) request for ALR hearing form.  You only have ten days from the alleged date of the offense to request an ALR hearing by sending in the proper form.  If you do not request a hearing within the ten-day time period you waive your right to hearing on the matter, and your license will be automatically suspended for the requisite time period determined by the DMV.   The thirty-day temporary license form serves as your license for the thirty days immediately following your citation.  If you lose your ALR hearing with the DMV, your ninety-day license suspension will begin at the expiration of your thirty-day temporary license; if you win the ALR hearing you may continue to drive unless or until a judge orders your license suspended, revoked or impounded.  ALR hearings are held telephonically and only address the issue of whether probable cause existed that the person cited for DUI was in operation of a motor vehicle while under the influence of alcohol or drugs.

Second, let’s discuss the criminal justice system.  When you are cited or arrested on charges of Driving Under the Influence, you will also face criminal penalties in state court. The criminal penalties you will face can be broken down into four basic categories: fines and costs; jail time; probation; and license suspension, revocation or impoundment.  What penalties you are facing depends on whether you have had any prior convictions for DUI and what your blood alcohol level was at the time of the offense.

In Nebraska, the limit for alcohol in your system while operating a motor vehicle is .08.  If your blood alcohol level is .08 or greater, you will likely be cited for Driving Under the Influence; if your blood alcohol level is .15 or greater, you will likely be cited for what is called an aggravated DUI offense.  Aggravated DUI offenses carry greater criminal punishments than non-aggravated offenses.  In Nebraska, the punishment for a first offense DUI non-aggravated is either: (1) probation, $400.00 fine and sixty-day license revocation or impoundment; or (2) seven to sixty days in jail, $400.00 to $500.00 fine and six month license revocation or impoundment.  The punishment for a first offense DUI aggravated is either: (1) probation, two days jail time or 120 hours of community service, $500.00 fine and one-year license revocation or impoundment; or (2) seven to sixty days in jail, $400.00-$500.00 fine and one-year license revocation or impoundment.   Typically, a judge will order that your court-ordered license revocation period run concurrently (at the same time) with your DMV ALR suspension.  This means if you are suspended for ninety days by the DMV and sixty days by the court, your total license suspension/revocation will be ninety days.

Offenses for Driving Under the Influence are very serious.  The statutes and regulations governing DUI’s are constantly changing.  Nebraska’s current DUI laws were enacted as recently as 2006, and new statutes governing the use of the ignition interlock device went into effect earlier this year.  If you have been charged with Driving Under the Influence make sure to consult with a licensed attorney.