DUI Defense

The Offense

Driving under the influence, operating a motor vehicle while under the influence, driving while intoxicated, operating while under the influence or drunk driving, as it is known, may be proven in a court of law several different ways.  The most common way the State of Nebraska tries to prove the offense is based upon a charge of driving while under the influence of alcoholic liquor or beverage while over the legal limit of eight one-hundredths of one gram or more by weight of alcohol per 100 milliliters of blood; or eight one-hundredths of one gram or more by weight of alcohol per 210 liters of breath.  The government will attempt to prove its case from testimony of the arresting officer regarding the observations of your vehicle in motion and/or operation, the arresting officer’s personal contact and observations with you, including any indicators of impairment observed from standard field sobriety testing.  In addition, the State of Nebraska can prove its case based on results of blood, breath, or urine testing showing the subject with a reading over .08.  Lastly, the State of Nebraska may prove its case if the subject is under the influence of drugs based on the opinion of the arresting officer and the observations made by him or her.  Driving under the influence of alcoholic liquor or drugs is a serious criminal offense that carries with it serious consequences, including potential loss of license, being sentenced to jail, and/or probation.  In addition to any criminal consequences, there are also serious collateral consequences including loss of license on points, loss of a commercial driver’s license, revocation of a commercial driver’s license, increased insurance rates, and a requirement to provide proof of financial responsibility.  Based on the serious consequences that can follow after a driving under the influence arrest and/or conviction, is it important that you speak to an attorney experienced in the area of defending driving under the influence of alcoholic liquor and/or drug cases to provide the best defense possible to the crime, as well as advise as to the necessary steps to protect and preserve one’s drivers license.

Administrative License Revocation

There are two separate proceedings that can have direct and immediate impact on your life and liberty after an arrest for driving under the influence of alcoholic liquor and/or drugs.  The first is an administrative action through the Nebraska Department of Motor Vehicles.  If the Nebraska Department of Motor Vehicles receives a properly completed and filed Notice/Sworn Report form from the arresting officer, the Department of Motor Vehicles will seek to suspend or revoke your driver’s license.  The Department of Motor Vehicles will notify you by regular mail of its intention to suspend or revoke your license.  It is extremely important to keep an eye on your mail, as the time frame in which you have to seek an appeal or hearing in regard to any Department of Motor Vehicles’ license suspension or revocation is limited.  If you fail to request a hearing with the Nebraska Department of Motor Vehicles in a timely fashion, you will lose your right to challenge any revocation, and a revocation order and/or suspension will be entered against you by the Department of Motor Vehicles.  The length of suspension and/or revocation of your operator’s license depends on your history of prior administrative suspensions and/or convictions for driving under the influence of alcoholic liquor or drugs.  The Department of Motor Vehicles also maintains rules and regulations with regard to the issuance of ignition interlock permits, and you must be properly advised of your rights with regard to the administrative process.  Commercial driver license holders may also have serious consequences with an administrative revocation of an operator’s license, even if an arrest for driving under the influence of alcoholic liquor or drugs occurred while operating a personal vehicle.  A commercial driver license holder may be subject to a one year revocation for any first offense administrative revocation and a lifetime revocation for a second offense.  It is imperative that any citizen accused of driving under the influence of alcoholic liquor and/or drugs contact an attorney knowledgeable and familiar with the process of defending administrative license revocation proceedings. 

State Court Proceedings/Penalties

A conviction for driving under the influence of alcoholic liquor or drugs carries with it serious consequences and penalties.  A citizen accused can potentially face a term of probation and/or incarceration depending upon the level of the offense committed and whether any prior convictions for driving under the influence of alcoholic liquor or drugs have occurred in the prior 15 years.  In addition to facing potential probation and/or incarceration, a citizen accused can also expect to have his or her operating privileges revoked by the court for up to 15 years.  It is imperative that a citizen accused charged with driving under the influence of alcoholic liquor or drugs contact an attorney with experience in defending driving under the influence of alcoholic liquor and/or drug cases in an effort to reduce or minimize the consequences associated with a conviction.  Click on the hyperlink provided for a chart of possible penalties based on the level of offense alleged to have been committed for an overview.