By now we have all heard of a DUI. What some people call “drunk driving” is called Driving Under the Influence in Nebraska. But if you or someone you know has been arrested for DUI recently, you may be surprised to find that the charges are “Aggravated DUI” or “DUI Aggravated.” So what is an Aggravated DUI in Nebraska? Let’s take a look.
What is Driving Under the Influence (DUI) in Nebraska?
First of all, what is the legal definition of a DUI in Nebraska? DUI or Driving Under the Influence can be defined one of three ways in the State. Neb.Rev.Stat. 60-6,196 says that a person can be convicted if he or she has a BAC of .08 of breath, .08 of blood, or is driving while under the influence of any alcoholic liquor or drug.
Over the years, several states have started taking DUIs more seriously and have created enhanced penalties for repeat offenders and highly intoxicated drivers. Nebraska is one of those states.
What is Considered an Aggravated DUI in Nebraska?
In Nebraska, you can be charged with an aggravated DUI if your BAC or Blood Alcohol Concentration is over .15 percent of your blood or breath.
So what does that mean?
It means that the possible penalties for your DUI will be increased. In other words, the law is punishing you more severely because you were almost twice as drunk and impaired as a person with a BAC of .08.
If you’re arrested for an aggravated DUI, the police officer will take your driver’s license and will also issue you a 15-day temporary license. With an aggravated DUI, you can have your license revoked for one year by both the Court and the Department of Motor Vehicles.
You can either fight the DMV revocation, or you can apply for an Ignition Interlock Permit that would allow you to drive only with the use of an Ignition Interlock Device. This is a device installed in your car that makes you blow into it to make sure you have not been drinking prior to starting your vehicle.
Any DUI is a serious charge to face. While an Aggravated DUI carries an more severe penalty, the good news is that a first offense aggravated DUI is still a misdemeanor. However, there are other consequences. Your insurance will go up, it may be harder to get a job, and the conviction will be on your record.
If you have more questions, check out this full list of Nebraska DUI frequently asked questions.
Also, if you get arrested for DUI again within the next 15 years, you will face harsher penalties for a subsequent offense. Either way, you should take a DUI charge seriously and know what your rights and options are.