title>Nebraska DUI Law & Lawyers: DUI-Web

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As with most states, an arrest in Nebraska for a DUI triggers two separate cases. The first case is the Nebraska DUI criminal court case. With this case the prosecution is trying to convict you of the criminal charge of driving under the influence. The penalties for a DUI conviction can include fines, alcohol rehabilitation classes, community service, an ignition interlock system and even jail time. The second case is the administrative or civil license revocation hearing. The sole issue with this case is your privilege to drive. Since these two cases are seperate an independent of each other, it is quite possible to have the criminal charges dismissed or attain an acquittal and still have your license suspended through the administrative case.

There are two theories in which the prosecution can attempt to convict you for DUI in Nebraska. The first theory, and the most common, is the "per se" theory. In Nebraska, you will be deemed to have broken the law simply by having a blood-alcohol concentration of .08% or higher. Under this theory it is unnecessary to prove actual impairment of the driver. The conviction is based purely on your body chemistry, meaning that you can be convicted of a DUI in Nebraska evening if you're driving skills are completely unaffected by your consumption of alcohol.

The second theory is the "under the influence" theory. This theory relates to the condition of the driver regarding their consumption of alcohol and/or drugs. The prosecution must prove beyond a reasonable doubt that the driver’s ability to safely operate his or her vehicle was negatively affected by consuming alcohol and/or drugs. The prosecution will have to prove this theory through evidence such as the driver's driving pattern, the physical appearance of the driver, the field sobriety test results and the chemical test results if they are available.

If this was your first arrest for DUI in Nebraska you are looking at a maximum of 60 days in jail and $500 fine, but the mandatory minimum sentence is seven days in jail and a $400 fine.

If you are arrested and convicted a second time for DUI in Nebraska you are looking at a maximum sentence of 90 days in jail and a $500 fine. The mandatory minimum sentence for a second conviction is 30 days in jail and a $500 fine.

If this was your third DUI conviction in Nebraska the mandatory minimum sentence is 90 days in jail and a $600 fine. The maximum sentence is one year in prison and a $600 fine.

As discussed above, when you are arrested for a DUI in Nebraska it triggers two separate cases, one of which is the Nebraska DMV administrative case in which the state will attempt to suspend and/or revoke your license. You only have 10 days after your arrest in which to request a hearing with the Nebraska Department of Motor Vehicles. After that 10 day period has elapsed you have no recourse in which to save your driving privileges.

The issues that will be decided at the Nebraska DMV hearing are whether or not the arrest was lawful and whether you had a chemical test result of .08% or higher or you refused the chemical test. At the hearing, the hearing officer will listen to the evidence presented by both the state and your defense attorney and make a recommendation to the director of the DMV. The director will then make his decision and mail the decision to you and your lawyer. A request for a hearing will allow you to drive on your license until a decision is rendered by the director of the DMV. It is important to realize that the burden of proof for the administrative case is lesser than the burden of proof with your criminal case and it is quite possible to have your license suspended even if your criminal case is dismissed or you are acquitted.

If you lose your hearing and the arrest was your first offense, your license will be suspended for 90 days but you will be eligible for a work permit after the first 30 days. A second or subsequent offense would result in a one-year suspension with no work permit.