Drunk Driving Laws Nebraska
United States of America has strict drunk driving rules. When one is driving a motor vehicle it is their responsibility to drive safe and sound. If a driver is tested for alcohol content in blood while driving, the penalties will be heavy. Every state has its own ceiling for the measurement of blood alcohol concentration (BAC). The Drunk Driving Laws are applicable on the driver if his BAC levels are equal or greater than 0.08% . The age of the driver is also a parameter to measure the penalty. However, in the state of Nebraska Drunk driving laws are stated clearly and any violation to the same is considered a crime and the accused will be charged with criminal record.
What is DUI?
DUI is the short form for driving under the influence. The factor that is causing the influence could be alcohol or any other chemical. But since it is going to affect the human body and brain functioning, it is not encouraged. The Nebraska government has set a legally permissible limit for safe driving so that the driver and passenger reach their destination safely. Alcohol can cause many adverse effects namely:
- Slows down the movement of muscles
- Brain gets impaired and it doesn’t respond to motor signals quick
- Bodily movements are slowed down and the person takes a longer time to respond.
- Reflexes are not fast
- Walk becomes disoriented
- Speech becomes jittery
- Vision impairment
Driving under influence is hence very dangerous and as per Nebraska drunk driving law, if a driver is above 21 years of age and has undergone a blood alcohol concentration test, he can be penalized based on the following rules.
- BAC between 0.01 to 0.05 is not intoxicated
- BAC between 0.05 to 0.79 can be charged but one needs evidence to prove the accused was drunk bad and driving harsh
- BAC equal or above 0.08 is guilty as charged.
In Nebraska, one can be arrested if the police suspect them to be under the influence of alcohol even before performing the test on the basis of suspicion. The officers are given full freedom to observe one’s driving behavior and test the subjects by requesting them to drive over lane markers. If the officers are convinced, they issue a ticket and suggest them to make wide turns with lower speed limits. If the driver fails the officer’s test or his mannerisms are not satisfactory to accept his non-intoxicated state the officer can escalate and request for field sobriety tests. If the driver does not cooperate for a breath test, blood test or urine test, he can be charged for both non-cooperation and DUI Laws violation.
License Revocation in Nebraska
If an officer is able to confirm the driver is under the influence of alcohol the Nebraska ALR law allows them to confiscate the driving license under section 60-498.01 to 60-498.04. The officer can:
- Request the driver to submit a chemical test
- If the test results confirm Drunk driving, the officer confiscates the license and it is revoked for 30 days
- If the driver refuses to submit to the test, the officer can book the offender under test refusal and this will lead to a license being revoked for 1 year.
- The officer can be allowed to give a temporary permit for 30 days to the driver
- The officer forwards the evidence to the Nebraska Department of Motor vehicles.
- If the revocation case is upheld, the driver needs to pay a $125 fee and bear the financial responsibility in the form of Nebraska SR22 insurance policy. At the end of the case hearing, the driver gets the license along with the ignition interlocked restricted license.
What are the Punishments?
Punishment for drunk driving in Nebraska is quite high. They can range between fine payments to license suspension. When a person is caught for drunk driving for the first time it is known as first time offense and the penalties are:
- 7 to 60 days. This can be served as community service.
- $500 fine.
- 15 days suspension of license and at the end of the period driver has to file an SR22 license policy.
- Test refusal causes 60 days of revocation of license.
If the same person offends again, it will be considered as a second offense if it happens within 10 years of the first offense. In this situation the penalties are:
- 90 days with a minimum 20 hours of community service.
- $500-$1000 fine or more
- 1-year suspension of Driving license ( if the offense was committed within 5 years of first offense)
- Ignition interlock device to be placed for 6 months
- Vehicle immobilization
If the person is a repeated offender the punishments can be:
- 1 year of jail time if BAC was less than 0.15%. 5 years if BAC was more than 0.15%
- $5000 fine or more
- License revocation and vehicle immobilization.
- Ignition interlock device should be connected for 3 or more years
Underage DUI Penalty
Underage driving is not encouraged in Nebraska. Underage drivers who are found under the influence of alcohol are charged with community service. Nebraska’s drunk driving law does not differentiate between people of various social strata and is punishments are the same for all people