A Nebraska DUI can be best described as a criminal matter and a separate civil matter. The civil matter is the ALR (Administrative License Revocation) hearing where the Nebraska DMV will try and suspend your driving privileges and the criminal matter is where the courts will attempt to convict you on a drunk driving charge which could result in fines, jail time and other punishments.
Nebraska Criminal DUI Explanation
If you drive with a blood alcohol level of .08% or higher you are guilty of violating the Nebraska 'per se' law which states that you are guilty if you are found to be driving a motor vehicle with a blood alcohol concentration .08% or greater. No evidence of impairment is necessary.
If you are driving and you appear to be drunk, you can be arrested. This is proven through your driving pattern, your physical appearance, the officer's judgment, and whether or not you pass the field sobriety tests.
ALR is governed by Nebraska DUI Statutes § 60-498.01 through 60-498.04
"Because persons who drive while under the influence of alcohol present a hazard to the health and safety of all persons using the highways, a procedure is needed for the swift and certain revocation of the operator's license of any person who has shown himself or herself to be a health and safety hazard (a) by driving with an excessive concentration of alcohol in his or her body or (b) by driving while under the influence of alcohol.” Neb. Rev. Stat. Sec. 60-498.01." Reference: Nebraska DMV ALR Hearings
The state only gives you ten days to request your DMV hearing, so you need to act quickly.
If you are facing your first Nebraska DUI, you can expect the following punishments if you are found guilty:
If you are convicted of a Nebraska DUI, be sure to protect your right to drive. You are facing a six-month minimum on your drivers license suspension, and if you are the breadwinner in your family, getting to and from work is going to be difficult. You can apply to receive an employment driving permit (hardship drivers license) during this time. Also, after thirty days you may be able to receive a temporary driver’s license if you have a hearing to contest the revocation.
SR22 insurance is required after a DUI in order to begin driving again. SR22 insurance is a type ofhigh risk auto insurance policy that the Nebraska Department of Motor Vehicles requires DUI offenders to carry for a period of 3 years from the date your drivers license is first reinstated.
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