At Anderson, Creager, and Wittstruck, P.C., L.L.O., we often encounter clients who struggle with the repercussions of driving under the influence (DUI). The consequences of a single DUI are severe, but multiple offenses elevate the penalties to an entirely different level.
In Nebraska, the legal system responds more stringently with each subsequent DUI in an attempt to curb repeat offenses and ensure public safety. This blog details what happens if you get multiple DUIs and the penalties you could be subjected to.
Understanding DUI in Nebraska
In Nebraska, driving under the influence is defined as operating a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or higher. For commercial drivers, the threshold is 0.04%, while for drivers under the age of 21, the BAC limit is 0.02%.
The state implements what is known as "implied consent," meaning that all drivers agree to submit to chemical tests when lawfully stopped for a suspicion of impaired driving. Refusal to comply with chemical tests or breathalyzers will result in automatic penalties.
What Happens After a First DUI Offense?
The consequences for a first-time DUI in Nebraska serve as a warning. If you are charged and convicted, you can face the following penalties:
A mandatory minimum of seven days in jail, which can go up to 60 days
Fines ranging from $500 to $1,000
A license revocation period of six months
Compliance with an alcohol treatment or education program
Despite these measures, you may also face additional DUI charges due to various circumstances, such as habitual behavior or inadequate understanding of the consequences.
What Happens After a Second DUI Offense?
Getting a second DUI within 15 years of the first offense will lead to more severe penalties. These commonly include:
A mandatory minimum of 30 days in jail, with the potential to extend up to six months
Fines between $500 and $1,000
Driving license revocation up to 18 months, with the possibility of obtaining an ignition interlock device after 45 days
A mandatory alcohol treatment or education program
The increased jail time and prolonged license suspension signify Nebraska's commitment to deterring drunk driving. At Anderson, Creager, and Wittstruck, P.C., L.L.O., we advise our clients to seek legal advice immediately when facing a second DUI to mitigate more severe consequences.
What Happens After a Third DUI Offense?
A third DUI within 15 years is classified as a "Class IIIA Felony" when it involves a BAC of 0.15% or less or a "Class III Felony" if the BAC exceeds 0.15%. The penalties for a third offense are stringent and commonly include:
A mandatory minimum of 90 days in jail, which can be increased to three years
Fines ranging between $1,000 and $10,000
A license revocation period of up to 15 years
Installation of an ignition interlock device
Mandatory enrollment in an alcohol treatment or education program
Due to the felony classification, a third DUI carries significant long-term impacts, such as loss of civil rights, including voting and firearm ownership, and creates substantial barriers to employment and housing.
What Happens After a Fourth DUI Offense?
A fourth DUI offense results in even graver repercussions than a third offense. These penalties often include the following.
A mandatory minimum of 180 days in jail, potentially extending to three years
Fines ranging from $2,000 to $10,000
Lifetime revocation of a driver's license, with possible parole board-approved requalification
Continuous requirement to use an ignition interlock device
Completion of an alcohol treatment or education program
A fourth DUI usually calls for a deeper intervention strategy beyond legal representation, encompassing comprehensive rehabilitation and lifestyle changes. Our team can collaborate with alcohol treatment professionals to help equip you with the tools you need for recovery.
What Happens After a Fifth or Subsequent DUI Offenses?
Every DUI after a fourth offense will lead to progressively harsher penalties. The legal system in Nebraska recognizes patterns of habitual behavior and has established penalties that include longer incarceration times, hefty fines, and continual scrutiny in terms of driving privileges and employment opportunities. Defending against a fifth or more DUI requires a robust legal defense.
Aggravating Factors
Certain factors can increase DUI penalties in Nebraska. These commonly include the following.
Having a minor child in the vehicle during the offense
Causing an accident resulting in injury or death
Exceeding a BAC of 0.15%
Holding a commercial driver’s license
Aggravating circumstances may transform a misdemeanor DUI into a felony and amplify the legal consequences and societal stigma attached to the offense.
Legal Defenses and Mitigation Strategies
At Anderson, Creager, and Wittstruck, P.C., L.L.O., we can employ a range of defenses and strategies to contest multiple DUI charges. Some common approaches include:
Challenging the validity of the traffic stop
Questioning the reliability of BAC tests and breathalyzers
Arguing that procedural errors occurred during the arrest or booking process
Presenting evidence of medical conditions potentially affecting BAC results
Every case is unique, and our experienced attorneys rigorously examine every case to construct a robust defense, aiming to reduce or dismiss charges when possible.
The Role of Rehabilitation
Serving our clients encompasses not just legal defense but also advocating for rehabilitative measures essential for long-term recovery. Nebraska's legal system offers programs aimed at treating alcohol addiction. Completing such programs can demonstrate commitment to change and may influence judicial leniency. We guide our clients in accessing these resources and integrating them as part of their defense strategy.
Experienced Legal Counsel You Can Trust
Facing multiple DUI charges in Nebraska imposes severe legal and personal consequences. The incremental penalties are designed to dissuade repeat offenses and promote public safety. As a law firm dedicated to providing comprehensive support, we strive to offer not only robust legal defense but also compassionate guidance through the rehabilitative processes necessary for lasting change.
If you're facing multiple DUI charges, it is crucial to seek experienced legal assistance promptly. Contact us at Anderson, Creager, and Wittstruck, P.C., L.L.O. Located in Lincoln, Nebraska, our attorneys serve clients in Lancaster County, Gage County, Saline County, Seward County, Otoe County, Cass County, and Saunders County.
