Aggravated DUI In Nebraska
It is extremely important to defend aggravated DUI cases in Nebraska. The penalties have changed several times and become more serious. Please speak with an experience criminal defense attorney to discover the penalties, defenses and options available to you.
Nebraska made significant changes to DUI Laws effective January 1, 2012. Traditionally, there was no difference in penalties depending on the level of alcohol in a person. Now, there are greatly enhanced penalties for breath tests over .15 that include mandatory jail time even on first offenses. Tests over .015 breath or blood content is called an aggravated DUI.
First Offense Aggravated DUI
The penalties for an over .08 and under .15 test result DUI are 60 days in jail, 6 month license revocation and a $500 fine. If one is given probation, then no jail time is required and the Court must impose a 60 day suspension, ignition interlock and a $500 fine.
An aggravated DUI (over .15 test result) increases these penalties to 60 days in jail, a 1 year license revocation, an a $500 fine. If the Court orders probation, the penalty is two days in jail, one year license revocation, ignition interlock device and $500 fine
Many times, I used to suggest that an attorney may not be necessary on a first offense DUI. However, with the new laws in place, I now strongly recommend that an attorney is consulted to verify the penalties and possible defenses to an aggravated DUI offense.
Second Offense Aggravated DUI
If the accused has had a DUI or DUI related offense in Nebraska or even another state, Nebraska can use the offense to enhance a current DUI charge to a second or higher offense. There are a great many defense to allowing Nebraska to use a prior conviction to enhance a DUI.
Second offense non-aggravated DUI (.08 to .15 test result) penalties are 90 days in jail, 1 year revocation and a $500 fine. If probation is ordered, the penalties are 10 days in jail, 1 year revocation, ignition interlock and a $500 fine.
An aggravated second offense DUI (over .15 test result) increases these penalties to 1 year in jail, a 15 year license revocation and $1,000 fine. Even if the Court orders probation, it must impose 30 days in jail, 1 to 15 year license revocation, $1,000 fine and may allow driving with an ignition interlock installed after 45 days.