Driving Under the Influence

If you have been charged with Driving Under the Influence (“DUI”) you could be facing fines, jail time, license revocation, installation of ignition interlock device, or probation, as some of the possible penalties. The DUI penalties vary depending on your blood alcohol concentration (“BAC”) and whether you have had any prior DUI convictions.

In Nebraska it is against the law to operate or be in actual physical control of any motor vehicle while under the influence of alcoholic liquor, any drug, or having a blood alcohol concentration of .08 or more. You can be charged with an aggravated DUI if your blood alcohol concentration of .15 or more, which carries with it more significant penalties.

If you are charged with Driving Under the Influence of alcohol (note: this process only applies to DUI cases related to alcohol, not to drugs), not only will you have to deal with a criminal case, you will also have to deal with an Administrative License Revocation (“ALR’) through the Nebraska Department of Motor Vehicles (“DMV”). If your BAC is over the legal limit, or if you refuse to take a breath test, your license will be confiscated and you will be issued a temporary license for 15 days. You have the right to challenge this license revocation through an ALR hearing. However, if you choose not to challenge the license revocation and waive your right to an ALR hearing, you will be immediately eligible for an interlock permit.

If you are facing a DUI charge, contact Lincoln DUI attorneys at Stephanie Flynn Law or call (402) 325-8469 to help you understand your rights and the possible penalties you may be facing.