Free Nebraska Drunk Driving Defense FAQs | Free Nebraska Drunk Driving Defense Legal Documents

What Is The Legal Limit For Dui In Nebraska?

Tue, 29 May 2007 21:19:00 GMT

Nebraska's limit for drunk driving is .08. There is no lower standard for impaired driving, although convictions are possible just on the officer's opinion of intoxication. Refusal to take the breath, blood or urine test is the same as flunking, except that you will also lose your driving privileges for a year. Once an officer directs a breath test, you cannot opt for a blood or urine test.

What Are The Penalties For A Fist Time Dui?

Tue, 29 May 2007 21:19:00 GMT

1st Offense: 760 days in jail, $500 fine, 6 month license suspension.
Minimum 60 day license suspension, $400 fine.

What Are The Penalties For A Second Time Dui?

Tue, 29 May 2007 21:19:00 GMT

2nd Offense: 3090 days in jail, $500 fine, one year license suspension
Minimum 48 hours in jail, 6 month license suspension, $500 fine.

What Are The Penalties For A Third Time Dui?

Tue, 29 May 2007 21:19:00 GMT

3rd Offense: 90365 days in jail, $600 fine, 15 year license suspension.
Minimum 7 days in jail, $600 fine, one year license suspension.

What Are The Penalties For A Fourth Time Dui?

Tue, 29 May 2007 21:19:00 GMT

4th Offense: Class IV Felony, 05 years in jail, $10,000 fine or both, 15 year license suspension.
Minimum 7 days in jail, one year license suspension, $1,000 fine. The lookback period for counting prior offenses is 8 years.

Can I Get A Work Permit?

Tue, 29 May 2007 21:19:00 GMT

During the period of the Administrative revocation of your driving privileges, an employment driving permit is available under certain circumstances. Anyone who takes, but fails, a chemical test may be eligible for an ignition interlock device. Persons who refuse the test are not so eligible. Interlock devices are available from Intoxilock (800) 9442966.

What Is An Administrative License Revocation?

Tue, 29 May 2007 21:19:00 GMT

The department of motor vehicles revokes your driving privileges immediately upon your arrest for DUI. The arresting officer gives you a 30day temporary license, and a form to fill out and send to the DMV within 10 days requesting a hearing contesting the administrative revocation.

What Happens At A License Revocation Hearing?

Tue, 29 May 2007 21:19:00 GMT

A hearing can be with or without the rules of evidence. Without, the hearing officer presents the State's case of probable cause to pull you over. With, and an attorney appears for the State, but you have to arrange for, and pay a court reporter. The only issue is whether the officer had a legitimate reason to stop the vehicle, but it is a good avenue for preliminary discovery. The hearing officer issues a report and recommendation and someone at DMV puts the Director's rubber stamp on it.

What Are The Penalties For Losing The Administrative Hearing?

Tue, 29 May 2007 21:19:00 GMT

Refusal to take a chemical test: One year suspension Failure of chemical test: 90 days suspension. For persons under 21 years old, the alcohol limit decreases to .02.

What Are The Speed Limits In Nebraska?

Tue, 29 May 2007 21:19:00 GMT

Unless Otherwise Posted Absolute Interstate 75 mph
Ltd Access Rds 65 mph
Other Primary Rds 60 mph
Residential 25 mph

How Are Speed Limits Enforced?

Tue, 29 May 2007 21:19:00 GMT

Enforced through use of: Pacing Yes
Radar Yes
Vascar No
Photo Radar No
Aircraft No
Laser Yes

How Can Tickets Be Paid?

Tue, 29 May 2007 21:19:00 GMT

Tickets can be paid by mail or in person.

Is Trial By Declaration Allowed?

Tue, 29 May 2007 21:19:00 GMT

Yes

When Is A Jury Trial Allowed?

Tue, 29 May 2007 21:19:00 GMT

Speeding No
Parking No
Equipment No
DWI Yes

What Is A Member Nonresident Compact?

Tue, 29 May 2007 21:19:00 GMT

Nonresident motorist receiving a ticket in a member state will receive the same treatment as resident motorists. If your state or the state you receive a ticket in is not a member, you may have to pay a cash bond before you can continue your trip.

What Is A Member Driver License Compact?

Tue, 29 May 2007 21:19:00 GMT

If you receive a ticket, warning, etc. in another state and your state is a member, you state will be notified about the ticket.

When And Where Do I File Accident Reports?

Tue, 29 May 2007 21:19:00 GMT

Accidents involving death, personal injury, or property damage exceeding $500 must be reported within 10 days to the Department of Motor Vehicles in Lincoln.

What Are The Resident Insurance Requirements?

Tue, 29 May 2007 21:19:00 GMT

Compulsory insurance law. Minimum limits: $25,000/50,000/25,000.

What Are Some Other Regulations?

Tue, 29 May 2007 21:19:00 GMT

Open intoxicants are NOT permited in a vehicle on the highways.
Unloaded firearms are permitted in the vehicle in plain view and inaccessible to driver.
Studded tires are permitted from November 1 to April 1.
Tire chains are not required, but are permitted for safety due to snow, ice, or other conditions.
Nebraska has a seat belt law with secondary enforcement for all front seat occupants.
Nebraska has a mandatory child restraint law for passengers under 6 years of age. Children under age 4 and weighing less than 40 pounds must use approved car safety seats. Occupants 16 years and under riding in the back seat must use seat belts.
Nebraska has a mandatory motorcycle helmet law.
Registration and insurance card must be carried in the vehicle.