Nebraska DUI Law
Nebraska DUI laws provide for two separate cases when someone is arrested for DUI in Nebraska. The first case is an Administrative License Revocation Hearing (also called an ALR Hearing). Under Nebraska DUI law, an ALR Hearing is a civil hearing where the state is trying to suspend your driving privileges for a period of time.
The second case is the Nebraska DUI criminal court case. Here, the state is trying to convict your of drunk driving, and require you to do time in jail, pay fines, attend alcohol education courses, have an ignition interlock installed in your car, and much more.
If you have been arrest in Nebraska for DUI you have only 10 DAYS to request a hearing with the DMV. If you fail to do so, your license with be automatically suspended.
Nebraska DUI laws provide that there are two ways where someone can be convicted of drunk driving in Nebraska. The first type of Nebraska DUI charge relates to the condition of the driver, and applies where the driver is mentally or physically impaired by consuming alcohol and/or drugs. There is no particular alcohol level that needs to be reached for a common-law Nebraska DUI conviction. It is simply a question of whether or not the driver’s impairment can be proved by driving pattern, field sobriety test performance, the physical appearance of the driver, or chemical test results.
Nebraska DUI laws also allow for conviction where there is a violation of Nebraska’s “per se” DUI laws. These Nebraska DUI laws criminalize driving above Nebraska’s legal limit of .08% BAC. Nebraska DUI prosecutions on the per se laws have nothing to do with impairment of the driver; they are based purely on body chemistry, meaning that one can be convicted of a Nebraska DUI even if that person’s driving skills are unaffected by the consumption of alcohol.
Nebraska DUI arrests do trigger give rise to the right to a jury trial. Nebraska DUI juries are comprised of six people from the community; in order to obtain a guilty verdict in a drunk driving case, the prosecutor must convince all six of the jurors in the defendant’s guilt beyond a reasonable doubt. This means that if even one juror does not believe the accused violated Nebraska DUI laws, there is a hung jury. This will possibly result in the dismissal of the Nebraska DUI.
When in the need of a Nebraska DUI Attorney make sure to visit the Nebraska DUI Law Directory. There you can find DUI lawyers in your area who have experience in DUI law and can help you.
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[...] offenders, regardless of blood alcohol content: Alaska, Arizona, Colorado, Illinois, Louisiana, Nebraska, New Mexico and [...]
[...] beyond a reasonable doubt. This means that if even one juror does not believe the accused violated Nebraska DUI laws, there is a hung jury. This will possibly result in the dismissal of the Nebraska DUI. A case [...]
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