First Offense Aggravated DUI
Before January 1, 2012, the DUI rules were simpler. If your BAC was over a certain level, then you got a DUI. Today, this is no longer the case. Alcohol intoxication is now staggered; penalties for first offense aggravated DUI are harsher than those for a first offense DUI. You need to know what to expect legally when you are charged with a first offense aggravated DUI.
First offense DUI charges are bad enough if your blood alcohol level was over .08 BAC. You will be charged with first offense aggravated DUI charges if your blood alcohol level was .15 or more.
1st Offense Aggravated DUI Civil Issues:
You can lose your license for up to a year for your first offense aggravated DUI. The arresting officer will take your drivers license on the scene of your first offense aggravated DUI. This is called an Administrative License Revocation. You will immediately lose your license but be able to drive with the Temporary License the officer gives you for 15 days. You have ten days to petition the DMV and challenge your license revocation. In this hearing it is your duty to present evidence that shows that:
1) The arresting officer did not have probable cause that you were operating a motor vehicle while under the influence of illegal levels of alcohol. You need to prove this even if you took a test and your BAC level was above .08 BAC.
2) You did not refuse to test for sobriety or failed to finish a sobriety test that was requested by the arresting officer.
3) In the case of testing above .08 BAC, you were neither operating nor were you in control of the vehicle while intoxicated.
You can apply for the Ignition Interlock Permit and waive your rights to the Administrative License Revocation hearing, if you prefer. If you file the Petition, you give up eligibility for the ignition interlock. Consult a DUI lawyer familiar with first offense aggravated DUI before you make this decision.
First Offense Aggravated DUI Criminal Penalties
1st offense aggravated DUI is a Class W misdemeanor. If convicted of a first offense aggravated DUI, you can lose your license for up to a year, spend up to 60 days in jail, and pay a $500 fine. If the judge gives you probation for your first offense aggravated DUI, you will have to pay a $500 fine, lose your license for a year, and spend either two days in jail or do 120 hours of community service.
You may have to take an alcohol assessment that you will have to pay for. The judge will use the results of your assessment to determine part of your sentence. This may lead an alcohol treatment program as a part of the penalty.
The judge may require you to get an ignition interlock permit for the duration of your revoked drivers license. This will allow you the mobility to maintain essential functions like going to work, taking your kids to school, and attending alcohol treatment classes while serving your first offense aggravated DUI sentence. The Nebraska Legislature just updated this part of the law and the DMV is now issuing permits with no restrictions and you may drive with the IIP for all purposes.
You will have to pay to get the ignition interlock device installed in your car as well as the necessary fees to receive the permit. You will also have to display the current certification on your vehicle throughout the term of your first offense aggravated DUI sentence.
You will have this mark on your driving record for the next 15 years. If you are caught driving over the next 15 years, it will be a 2nd offense with much higher penalties.
You will also have a much harder time securing automobile insurance. Many insurance companies will not even insure you with a first offense DUI on your record. Those companies that will insure you with a first offense aggravated DUI on your record will require you to pay inflated premiums for their coverage.
A first offense aggravated DUI could make you work hard over the next few years to get out from under its shadow. A knowledgeable attorney on your side who can help you keep a first offense aggravated DUI off of your record is a valuable tool to have when confronted with this problem.