If you face a DUI conviction, you should take the charges seriously. The penalties for driving under the influence are harsh, even for a first offense. Following your arrest, you should act quickly and hire a seasoned defense attorney at the Sopinski Law Office to fight for the best possible result at trial or in negotiations.
An experienced Fremont DUI lawyer will understand what you are going through and could explain the legal proceedings so that you are prepared at every step of the way. It is important to work with someone who knows this specific area of law and could use this knowledge to provide an effective defense.
A defendant will likely have a difficult time representing themselves after an arrest for driving under the influence. These laws are complicated and constantly changing, requiring significant legal training and experience. Additionally, every DUI arrest is unique and has its own particular circumstances, so it is crucial to work with an attorney who could tailor a defense to the situation.
Getting advice from a skilled DUI attorney in Fremont, NE is essential, from the initial arrest to negotiations to a potential trial. A lawyer’s job is to work to defend their client from receiving the harshest penalties by presenting mitigating factors and pointing out issues in the prosecution’s case. There are many potential problems and violations of rights that could lead to dismissals of charges in DUI cases. If you are wondering how long a DUI stays on your record in Nebraska, read here.
There are many potential consequences for a DUI conviction, including:
A DUI lawyer could help defend an accused person in Fremont court against these harsh penalties. Anyone who is facing charges for driving while intoxicated should get the representation they need to work toward a positive outcome in their case.
Nebraska Revised Statutes § 60-6,196 states that it is unlawful for a person to operate any type of motor vehicle while under the influence of alcohol or drugs. If an officer stops an individual with a blood alcohol concentration (BAC) of .08 or above, they could be taken into custody and face charges for driving under the influence. If their BAC is 0.15 or above, they face additional charges with enhanced penalties added upon conviction.
A local DUI attorney understands these laws and ensuing punishments and could explain the legal nuances to an accused individual. For instance, there are criminal classifications associated with DUI convictions. A first, second, or third arrest is typically charged as a misdemeanor, while subsequent arrests may be elevated to felony charges. A defendant could face additional penalties for aggravating factors, such as a BAC over 0.15.
The range of penalties for a DUI conviction in Nebraska depends on the number of prior convictions and the level of intoxication. The penalty for second, third, fourth and fifth offenses go up each time. Also, the penalty increases if your blood alcohol content is over .15.
Check out this chart that sets out some of the penalties for DUI in Nebraska. For a full detail of the law, read Neb. Rev. Stat. 60-6,197.03 or consult with a criminal defense or DUI lawyer in Nebraska.
Charge | Straight Sentence | Probation | License Revocation |
---|---|---|---|
DUI 1st Offense | 7-60 days in jail and a $500 fine | $500 fine | 6 months |
DUI 1st Aggravated | 7-60 days in jail and a $500 fine | $500 fine & 2 days in jail or 120 hours of community service | 1 year |
DUI 2nd Offense | 30-180 days in jail and a $500 fine | $500 fine & 10 days in jail or 240 hours of community service | 18 months |
DUI 2nd Aggravated | 90 days to 1 year in jail and up to $1,000 fine | $1,000 fine and 30 days in jail | 18 months to 15 years |
DUI 3rd Offense | 90 days to 1 year and a $1,000 fine | $1,000 fine and 30 days in jail | 15 years |
DUI 3rd Aggravated | Felony IIIA 180 days to 3 years, up to $10,000 fine | $1,000 fine and 60 days in jail | 15 years |
DUI 4th Offense | Felony IIIA 180 days to 3 years, up to $10,000 fine | $2,000 fine and 90 days jail, 90 days CAM | 15 years |
DUI 4th Aggravated | Felony IIA 0 to 20 years, up to $25,000 fine | $2,000 fine and 120 days jail, 120 days CAM | 15 years |
DUI 5th Offense | Felony IIA 0 to 20 years, up to $25,000 fine | $2,000 fine and 180 days jail, 180 days CAM | 15 years |
DUI Fifth Aggravated | Felony II 2 to 50 years in prison | $2,000 fine and 180 days jail, 180 days CAM | 15 years |
If you have more questions, check out our guide to Nebraska DUI laws.
The Nebraska .02 Law, or Zero Tolerance, is a law to prevent minors from drinking and driving. Under this law, anyone under the legal age of 21 is prohibited from driving with a blood alcohol content of 0.02 or higher. This means that an underage driver with any amount of alcohol in their system could face charges even if they are not impaired.
A drunk driving arrest can disrupt every aspect of your life and have serious lasting consequences. If you are facing these charges, your rights, reputation, and freedom are on the line.
When the stakes are this high, let a hardworking Fremont DUI lawyer defend you and your future. Contact today to set up a consultation about your circumstances and get started on an effective defense strategy.
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