How Long Does a DUI Stay on Your Record in Nebraska? [2024]

Every state has laws against driving under the influence of controlled substances or alcohol. Each state, however, varies on its penalties and the long-term impacts of such charges. Nebraska lawmakers seek to hold accountable those who endanger the lives of others because they drove while under the influence. Our Nebraska DUI attorney understands that the circumstances of such charges can vary by person, and it isn’t always what it seems.

Unfortunately, a criminal conviction will stay on your record for some time and have lasting impacts in many areas of your life. Here, we look at what a DUI conviction could mean for you in the short and long term.

What Is Driving Under The Influence (DUI) In Nebraska?

Driving under the influence, more commonly known as a DUI, is when a person operates or is in control of a motor vehicle while being affected by alcohol or other controlled substances. This could include both prescription medications as well as narcotics. While each state varies in its measurement of such impairment, Nebraska uses a blood alcohol content of .08% as its cutoff for drivers who are over the age of 21.

If you are a commercial driver who is operating a vehicle on behalf of a company, the federal government has set a limit of .04% as the maximum blood alcohol content allowed. If you are found guilty of a DUI while in possession of a commercial license, it could also impact your standard driver’s license as well.

For those drivers that are under the influence of substances other than alcohol, proving impairment can be more difficult as there are no specific levels to measure like alcohol. However, in these circumstances, chemical testing will be conducted to identify the existence of other substances in the blood.

Consequences of a DUI

A first-time DUI offense may come with a penalty that does not seem unreasonable. Jail time could include 7 to 60 days, a $500 fine, and a license suspension of up to six months. Unfortunately, it also means that a DUI will appear on your criminal record and will show in background checks for employment, housing, and more. Additional DUI convictions could result in additional penalties, including:

• Jail time. Each DUI conviction in Nebraska will increase the potential jail time that you could face. In some cases, you could face up to 20 years in jail.
• Fines. As with most criminal convictions, the fines you face can continue to rise. For DUI convictions, your fines could continue to increase up to $25,000.
• License suspension. Starting with the third DUI conviction, Nebraska could suspend your license for up to 15 years. This can significantly limit the types of jobs you may hold or even your ability to get to and from work.
• Ignition lock. Ignition locks are installed on vehicles for repeat DUI offenders in an effort to curb their behavior. These locks come with a cost to install, maintain, and even remove, which are all charged to the person convicted. These locks measure the BAC of the driver prior to the vehicle starting.
• Aggravating circumstances. If there are aggravating circumstances or a driver’s BAC is significantly high, a DUI charge could be penalized at a higher level regardless of how many prior charges a driver has.

The circumstances of each charge should be discussed with an attorney who can help identify the potential penalties you could face.

Length of DUI On Driving Record

While each state will vary on the length of time a DUI will stay on your record, Nebraska seeks to hold convicted drivers accountable. Because of this, the law states that a DUI conviction will remain on your record for a period of 12 years. In addition, it will add a minimum of 6 points to your driver’s license, with a point being removed every two years. These terms can impact more than your criminal record.

With a DUI charge, you will have difficulty in finding employment that requires the ability to drive. While employers cannot base their decision on your criminal record, many employers may consider your criminal past in their decision based on how it may impact your employment.

Additionally, insurance companies will be notified of your conviction, and you could be considered a high-risk driver. This designation means you could have trouble finding insurance or may face insurance costs that are significantly higher than those without a DUI record. Because of the increased charges, you may sacrifice some coverage in order to save money. However, this could impact your out-of-pocket expenses should you be involved in an accident.

FAQs

Q: How Do I Get Out of a DUI in Nebraska?

A: The circumstances of your traffic stop and subsequent DUI charge will help an attorney determine a defense that challenges the evidence against you. In many cases, this will involve challenging the stop itself, the field or chemical testing that was conducted, the training of the officers, or the protection of your rights throughout the legal process.

Q: What Is the DUI Limit in Nebraska?

A: Every state has a threshold of the blood alcohol content that they consider enough to impair a driver. In Nebraska, a driver may not exceed a BAC of .08%. If, however, their BAC is above .15%, they could face additional charges for aggravating circumstances. While tolerance may change from person to person, the effects of alcohol are not always immediately known. A driver should not drive after consuming alcohol based on how they feel.

Q: Is Nebraska a Zero Tolerance State?

A: Zero tolerance in Nebraska as it relates to driving under the influence states that a minor may not have alcohol in their system that traces above .02% BAC. While some medications contain minimal amounts of alcohol, this variable covers those circumstances. If a driver is under the age of 21, these circumstances apply to them.

Q: How Long Does It Take for a DUI to Drop Off Your Record in Nebraska?

A: While each state will vary, Nebraska keeps a DUI conviction on a person’s record for a period of 12 years. This is the same amount of time it takes for the points on their license to be fully removed. In addition to 12 years, they will have 6 points added to their license. Every two years, one point will be removed. When the points are gone, they have satisfied the charges.

Nebraska DUI Attorney

A DUI conviction on your record could have significant impacts not only on your criminal and driving record but on many other areas of your life. Avoiding these charges should always be your first decision. However, if you find yourself facing DUI charges, contact the Sopinski Law Office and let our team help.