Second Offense DUI
Nebraska law is serious when it comes to driving under the influence of alcohol. If you are arrested for driving while intoxicated you will need to act quickly. However, if this is a 2nd offense DUI then it is especially important you know your rights and how to defend them. Although you may have thought that the punishment for your first offense was bad, if you are convicted of a 2nd offense DUI, the punishment is significantly harsher. This includes mandatory jail time and stiff fines.
Legal Blood Alcohol Content
In order to be convicted of a 2nd offense DUI the authorities will need to prove that you were intoxicated while driving or in control of a motor vehicle. Generally, they will do this by measuring your blood alcohol content. The legal blood alcohol content for a 2nd offense DUI is the same as your first offense, which is 0.08 percent. However, if you are under age, the legal drinking limit is 0.02 percent.
After being convicted of your first offense you probably found out rather quickly how unpleasant spending time behind bars can be, since a first offense carries a minimum jail sentence of seven days. A 2nd offense DUI carries a minimum of 30 days in jail if you are convicted. The judge even has the option of sentencing you for up to 90 days in jail following your 2nd offense DUI conviction.
On the other hand, the judge to grant you probation. Your license will be revoked for one year. You will not be able to drive for the first 45 days; the ignition interlock permit must be added to your car for the remainder of the year. Although probation may still include ten days in jail, it is still better than 30 to 90 days behind bars. You may even be able to completely avoid jail in return for 240 community service hours.
Fines and License Suspensions
Along with jail time, a 2nd offense DUI can also result in a fine of up to $500. Also, you will lose your privilege to drive. The Nebraska Department of Motor Vehicles will suspend your license for one year following your conviction.
Authorities will also require your vehicle to be immobilized if you are convicted of a 2nd offense DUI. This means that your vehicle may be stored in an impound service at your expense for a period ranging anywhere from five days to eight months.
On the other hand, it is possible for your attorney to argue that your vehicle should be released to another registered owner of the car. However, your attorney will have to prove that the vehicle is required for the other registered owner’s employment or is necessary for the well-being that person’s children. In order to do this the other registered owner of the car must file an affidavit to the court.
Ignition Interlock System Requirement
Instead of vehicle immobilization, your attorney may be able to convince the court to allow you to continue driving your vehicle even after being convicted of a 2nd offense DUI. However, you will be required to install an ignition interlock system on your vehicle. This device will require you to breath into a tube for the device to measure your blood alcohol content. If the device determines you are intoxicated it will prevent you from starting your vehicle. You will also have to periodically continue to breathe into the device after you have already started your vehicle.
Your attorney is only allowed to request this option if your license has been revoked for at least a one year period. You will still have to stop driving for at least forty-five days before you can be issued a permit for an ignition interlock device. Proof that the device has been properly installed in your vehicle will also be required before the aDMV will grant you the permit.
Although you may have been convicted of a previous DUI, it is possible that your most recent violation will not have the enhanced punishments of a 2nd offense DUI. If your first violation occurred more than 15 years ago, your most recent DUI will not be counted as a 2nd offense DUI and therefore will not carry the increased penalties of a 2nd offense DUI.
Finding an Attorney
While a 2nd offense DUI is a serious violation with heavy penalties, you are still innocent until proven guilty. Everybody will have the chance to defend themselves in the court of law. Petersen Law Office focuses only on criminal defense and defense of DUI cases.