A Nebraska DUI arrest actually triggers two separate cases – a criminal case and an administrative case. The criminal case can result in jail time, fines, mandatory alcohol education courses, and the requirement of an ignition interlock device. The second case is an Administrative License Revocation Hearing (also called an ALR Hearing). Under Nebraska DUI law, an ALR Hearing is a civil proceeding that allows the state to suspend the driver’s license.

Any motorist arrested for drunk driving in Nebraska has only ten days from the date of your arrest to request a hearing with the Nebraska DMV, or the driver’s license will be automatically suspended.

Drunk driving cases are prosecuted under two different theories in Nebraska. The first type of prosecution is for driving under the influence, and focuses on whether the motorist was mentally or physically impaired as a result of consuming alcohol and/or drugs. A motorist can be convicted of driving under the influence in Nebraska even if he or she has a blood alcohol content (BAC) of less than the legal limit of .08 percent.

Under the influence DUI cases are proven through circumstantial evidence that includes driving patterns, field sobriety test performance, the physical appearance of the driver, or chemical test results when they are available.

A driver also can be convicted of violating Nebraska’s “per se” laws. This is another way of saying that the driver is alleged to have had a BAC of .08 percent or greater. Nebraska per se prosecutions have nothing to do with impairment of the driver; they are based purely on body chemistry, meaning that one can be convicted of a Nebraska DUI even if that person’s driving skills are unaffected by the consumption of alcohol.

Nebraska DUI juries are comprised of six people. In order to obtain a guilty verdict in a drunk driving case, the prosecutor must convince all six of the jurors of the defendant’s guilt beyond a reasonable doubt. This means that if even one juror does not believe the accused violated Nebraska DUI laws, there is a hung jury. This will possibly result in the dismissal of the drinking and driving charge.

Under Nebraska law, the Department of Motor Vehicles can administratively suspend the driving privileges of anyone arrested for DUI. This will happen automatically following arrest for drunk driving, unless a DMV hearing request is made within 10 days of arrest.

Nebraska DMV hearings focus on whether the stop and arrest were lawful, whether the arrestee submitted to a chemical test with results of .08 percent or greater BAC, and whether the driver refused a chemical test after having been advised of the consequences.

The administrative hearing is conducted by a DMV hearing officer – a lawyer who is empowered to make recommendations to the director of the DMV. Following the DMV proceeding, the hearing officer will make a recommendation about whether the driver’s license should be suspended. The decision will be mailed to the driver by certified mail.

A driver accused of first-time DUI who loses a DMV administrative hearing faces 90-day license suspension, with a restricted license available after 30 days. A second or subsequent offense will result in a one-year license suspension. License suspensions imposed by the DMV in an administrative action are separate from any suspensions imposed by the courts.

The penalties imposed by the court after a Nebraska drinking and driving conviction can be severe. A first-time DUI driver faces seven to 60 days in jail and a fine of $400 to $500. A second-offense drunk driver will be sentenced to 30 to 90 days in jail and a fine $500. A motorist convicted of driving under the influence for a third time faces 90 days to one year in jail and a $600 fine.

The stakes are high in a Nebraska DUI case, so it’s critical to have a top-notch attorney protecting the driver’s rights. The skilled attorneys at 1.800.NOT.DRUNK and www.NotDrunk.com have the experience needed to aggressively fight a drunk driving charge anywhere in the state and work to minimize or even eliminate negative consequences.

DISCLAIMER: No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers.