Is DUI a Felony in Nebraska?
Driving Under the Influence (DUI) is a serious offense in Nebraska, and understanding the legal consequences is crucial for those who find themselves in this situation. In this article, we will delve into the question: Is DUI a felony in Nebraska? and provide an in-depth analysis of the state’s DUI laws and penalties.
Direct Answer:
No, DUI is not a felony in Nebraska. However, it can be considered a felony if certain circumstances are met. In Nebraska, DUI is typically charged as a misdemeanor, with penalties ranging from fines and community service to imprisonment.
Understanding Nebraska’s DUI Laws
Nebraska has a per se law, which means that if a person operates a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher, they can be charged with DUI. However, if the BAC is 0.15% or higher, the charge can be elevated to a more severe offense.
DUI Offenses and Penalties
Here is a breakdown of the different DUI offenses and penalties in Nebraska:
| Offense | BAC | Penalty |
|---|---|---|
| First Offense | 0.08% or higher | Up to 60 days in jail, fine of $200 to $500, and suspension of license for 60 to 180 days |
| First Offense with BAC 0.15% or higher | Up to 6 months in jail, fine of $500 to $1,000, and suspension of license for 180 days to 1 year | |
| Second Offense | 0.08% or higher | Up to 1 year in jail, fine of $500 to $1,000, and suspension of license for 1 to 5 years |
| Second Offense with BAC 0.15% or higher | Up to 2 years in jail, fine of $1,000 to $2,000, and suspension of license for 1 to 5 years | |
| Third Offense | 0.08% or higher | Up to 5 years in prison, fine of $1,000 to $5,000, and suspension of license for 5 years to life |
| Third Offense with BAC 0.15% or higher | Up to 10 years in prison, fine of $5,000 to $10,000, and suspension of license for 5 years to life |
Felony DUI
As mentioned earlier, DUI is not typically a felony in Nebraska. However, if a person causes serious bodily harm or death while driving under the influence, they can be charged with felony DUI. In this case, the penalty can be much more severe, including:
- Up to 20 years in prison
- Fine of $25,000 to $50,000
- Suspension of license for 5 years to life
Additional Consequences
In addition to the criminal penalties, a DUI conviction in Nebraska can also result in:
- Increased insurance rates
- Higher car insurance premiums
- Loss of job or employment opportunities
- Stigma and social consequences
Defending Against a DUI Charge
If you are facing a DUI charge in Nebraska, it is essential to seek the advice of an experienced attorney. Here are some common defenses used in DUI cases:
- Challenge the evidence: Your attorney can challenge the accuracy of the breathalyzer or blood test results.
- Question the officer’s actions: Your attorney can question the officer’s actions during the stop, arrest, and questioning.
- Show reasonable doubt: Your attorney can show that there is reasonable doubt about your guilt, and the prosecution cannot prove the charges beyond a reasonable doubt.
Conclusion
In conclusion, while DUI is not typically a felony in Nebraska, it can be considered a felony if certain circumstances are met. It is essential to understand the state’s DUI laws and penalties to avoid severe consequences. If you are facing a DUI charge, seek the advice of an experienced attorney to defend your rights and protect your future.
