Lincoln Out-of-State Driver DUI Lawyer

Lincoln Out-of-State Driver DUI Attorney

Whether you are visiting Lincoln to tour the city or go to a work conference, an unexpected DUI arrest will add a challenge to your trip. At Sopinski Law Office, our Lincoln out-of-state driver DUI lawyer knows the Nebraska criminal justice system and understands the uncertainty and difficulty an out-of-state driver may face with a DUI charge.

Nebraska’s Impaired Driving Penalties and Laws

Nebraska law makes it unlawful for anyone to operate any type of motor vehicle while under the influence of drugs or alcohol. If you are stopped by an officer and have a blood alcohol concentration (BAC) of .08 or above, you may be taken into custody and charged with driving under the influence.

If you have a BAC of 0.15 or above, have prior DUI convictions, are driving with a suspended license, or caused an injury or death, there will be increased penalties.

There are laws in Nebraska that differ from other states. For example, if a person is charged with a DUI, they are not entitled to a jury trial unless specific circumstances are present. This can make the defense more difficult, as a judge decides whether or not they are guilty.

Nebraska also has implied consent laws, which means that by operating a motor vehicle in the state, drivers implicitly consent to chemical testing (breath, blood, or urine) to determine their BAC if they are suspected of driving under the influence.

It’s important to consult with a DUI attorney for personalized information on Nebraska DUI laws and penalties, as they may vary depending on individual circumstances.

Being Charged With a DUI as an Out-of-State Driver

If you live in another state and are arrested for DUI in Lincoln, you may face consequences in both your home state and Nebraska. The penalties in Nebraska can include jail sentences, fines, probation, extensive community service hours, an ignition interlock device (IID) in your vehicle, suspension of your license within the state (Nebraska does not have the authority to suspend an out-of-state license), a car insurance premium increase, or a combination of these.

Nebraska will report the DUI conviction to your home state through the Interstate Driver’s License Compact (DCL). This can result in your home state taking action against your driver’s license, such as imposing additional penalties like license suspension or revocation. A DUI conviction could also lead to increased insurance rates in your home state.

A factor you will have to keep in mind as a non-Nebraska resident is that you may have to travel to the state for court appearances. This can become costly since travel expenses, accommodations, and time away from work can add up quickly. Your attorney may be able to represent you in court, but if the charge is serious, there are aggravating factors such as prior convictions, or there was an injury or death, you may be required to be there physically.

Interstate Driver’s License Compact (DLC)

The DLC is an agreement between 45 states allowing information to be shared among them about an individual’s driving records, including minor traffic violations and major offenses like DUI. The states that do not participate in the DLC are the District of Columbia, Georgia, Massachusetts, Michigan, Tennessee, and Wisconsin.

Act Promptly

Taking action promptly is crucial when facing a DUI charge as an out-of-state driver in Nebraska. Not hiring legal representation as soon as possible could result in missed deadlines or opportunities to effectively defend against your charges.

FAQs for DUI Lawyers

Q: How Do You Get a DUI Dismissed in Nebraska?

A: You could get a DUI dismissed in Nebraska by hiring a criminal defense attorney to work on building a strong defense as soon as possible. There are some commonly used defenses attorneys can use, such as challenging the lawfulness of the police stop, questioning probable cause, disputing field sobriety tests or breathalyzer results, or even negotiating a plea bargain. Each case is unique, so the defense strategy will differ.

Q: If I Get a DUI in Nebraska, Will It Affect My Driver’s License From My Home State?

A: If you get a DUI in Nebraska, it will most likely affect your driver’s license from your home state. Forty-five states participate in the Interstate Driver’s License Compact (DLC), which is an agreement between participating states to share information about traffic violations, including DUIs, committed by out-of-state drivers.

If you are convicted of a DUI in Nebraska, it will be reported to the DLC. The states that do not participate are the District of Columbia, Georgia, Massachusetts, Michigan, Tennessee, and Wisconsin.

Q: Do I Need a Lawyer for DUI in Nebraska?

A: It is highly recommended to seek a lawyer for a DUI in Nebraska, especially if you’re facing consequences in both your home state and Nebraska. A knowledgeable DUI lawyer can help you understand your rights, navigate the legal process, and work toward the most positive outcome for your situation.

Q: Do I Need to Appear in Court in Nebraska if I Receive a DUI in Another State?

A: Whether you need to appear in court in Nebraska if you receive a DUI in another state depends on what consequences come from your case. You may be required to appear in the Nebraska court system, complete required programs, or fulfill other obligations that are imposed. To better understand if you need to return to Nebraska for DUI-related appearances, it is recommended you consult with a DUI attorney who understands local laws and requirements.

Q: Will I Have to Travel to Nebraska for Appearances Related to My Charge?

A: Whether or not you have to travel back to Nebraska for your out-of-state driver DUI depends on the specific circumstances of your case and court requirements. In many cases, your attorney can represent you in court without requiring your physical presence, such as during arraignment or other hearings. However, you may have to be there physically for other necessary hearings. Your attorney will work to minimize the impact of the charge on your life, including having to travel back to Nebraska.

Call a Lincoln DUI Attorney for Committed Defense

If you have been charged with impaired driving in Lincoln, NE, especially if you are an out-of-state driver, you could be facing serious, long-lasting consequences. We understand you may be feeling anxious or afraid, so contact us today to have an experienced and dedicated law firm on your side. We can support you through this process.