Nebraska Court Records
What is a DUI and a DWI in Nebraska?
The legal definition of a DUI in Nebraska refers to driving under influence of alcohol or drugs. A DWI is the acronym for Driving While Impaired. However, they mean essentially the same thing under the law, the legal term being DUI. The difference is that the assessment of a DUI is by the Blood Alcohol Concentration (BAC) while a DWI depends on an initial subjective assessment of the patrol officer on duty if the BAC test returns negative. The State Patrol, the courts of law County and Juvenile) and the Department of Motor Vehicles (DMV) in Nebraska working partnership handles all cases of DUI and DWI. While the law enforcement agencies apprehend persons alleged to have committed these offenses, the courts in the state adjudicate these cases and refer convictions to the DMV.
What is the Difference Between a DUI and a DWI in Nebraska?
According to Nebraska Revised Statutes the term DUI covers all definitions of legal drunkenness or intoxication by controlled substances and drugs in Nebraska. This expands the definition to alcohol and drugs. Driving under influence in Nebraska or driving while impaired have the same judicial process and penalties, unless there is a felony involvement. When an officer pulls over a suspect driver, he or she usually orders the driver to exit the vehicle in order to conduct the sobriety test. Here, the patrol officer looks out for coordination, memory and attention to instructions. If the field sobriety tests do not show distinct signs of driving under influence, the officer conducts a chemical test using a breathalyzer. If the driver is under the influence of alcohol, the breathalyzer will yield the results. Drug intoxication is not detectable by the breathalyzer but by an actual blood or urine test. Failure to comply to anyone of these tests can cause an arrest in Nebraska.
What Happens When You Get A DUI For The First Time In Nebraska?
In Nebraska, a conviction for a first-time DUI belongs to the Class W misdemeanor category. The penalty for a first-time offense where the blood alcohol content is less than 0.15 is a driver’s license revocation for up to 6 months and a minimum of seven days in jail along with a $400 fine. The judge may swap the jail time on discretion for a 120 hour community service. The association of a felony with a first-time DUI, or repeat offenses usually lead to stiffer penalties and higher fines.
A DUI judicial process in Nebraska is both criminal and civil. The civil components of a DUI has to do with the administrative license revocation. Here, the arresting officer takes the license and hands a temporary copy to the alleged individual. An alleged individual must respond to the revocation by filing a petition for a hearing within 10 days of arrest or lose their right to contest the decision at the Administrative License Revocation (ALR) office. If the alleged party is guilty, then the administrative officer on the case activates a revocation of the license for at least 6 months. Note that the refusal to submit to a test by the officer will lead to an automatic revocation of the license.
From the criminal perspective, the only basis for which a DUI allegation will not result in an arrest is if the chemical test returns a negative result and the alleged individual cooperates fully with instructions of the patrol officer. Otherwise, the patrol officer arrests the alleged party. The officer orders a sample of the party’s breath, blood or urine. The officer has a right to decide on which test to conduct. Alleged parties wishing to contest the case in court may get a confirmatory test, but on their bill. Thereafter, they must file a request for a hearing in the court. By doing this, the party gives up an ignition interlock permit. Being a criminal case, most parties engage the services of a DUI attorney in order to navigate the judicial process.
How Likely is Jail Time After a First DUI in Nebraska?
Jail time is likely for first-time convictions with a BAC value 0.15 % and above, but not absolute. If there are no felony involvements or other crimes such as an expired license, such individuals may have a suspended sentence of at least two days in jail. Below this value and to not less than 0.08%, the judge may issue a suspended sentence of 60 days probation rather than jail time.
What are the Typical Penalties for a DUI Conviction in Nebraska?
There is a civil and a criminal component to a DUI in Nebraska. Both processes are separate but often go together. In terms of the civil components, the administrative license revocation process of 6 months may get scaled down to 60 days subject to the decision of the authorities. This applies to first time DUI with no other adjoining matters. Repeat offenses may lead to a license suspension of up to 15 years.
The criminal component often borders on penalties of probation, fines, community service or incarceration. The mildest is community service off at least 120 hours in cumulative terms, while jail time is the most severe. Repeat offenses often lead to stiffer penalties. For example, a second DUI conviction may attract as much as $500 fines, a jail time of up to15 years, as in a 5th time DUI. In addition, the offender is under compulsion to install an ignition interlock device in the car that prevents the vehicle from starting if the BAC is about 0.02%.
How Long Does a DUI Stay on Your Record in Nebraska?
In Nebraska, the Department of Motor Vehicles enters a DUI conviction as a point system that represents the driving record of an individual. This record becomes a part of the rap sheets of the involved parties anytime there is a criminal background check. According to the scoring system, a DUI conviction record bears six points that remain for a minimum of five years on the record. After the five years, the individual can voluntarily enroll in a DMV Approved Driver Improvement Course comprising at least 8 hours of instruction. After successfully completing the course, the department deducts two points from the participant’s record within the last 2 years. This will continue every two years. That way, the record gets cleared by the 11th year, provided there are no repeat DUI or other driving convictions. Also note that Nebraska belongs to the Compact State Agreement that allows driving convictions in other states to be transferred and recorded in Nebraska. If an offender has up to 12 points within a 2 year driving time frame, they are not eligible for the driving course.
Records that are considered public may be accessible from some third-party websites. These websites often make searching simpler, as they are not limited by geographic location, and search engines on these sites may help when starting a search for a specific or multiple records. To begin using such a search engine on a third-party or government website, interested parties usually must provide:
• The name of the person involved in the record, unless said person is a juvenile
• The location or assumed location of the record or person involved. This includes information such as the city, county, or state that person resides in or was accused in.
Third-party sites are independent from government sources, and are not sponsored by these government agencies. Because of this, record availability on third-party sites may vary.
How do I Find DUI Checkpoints in Nebraska?
There are government approved DUI checkpoints in Nebraska. The law also refers to them as sobriety checkpoints. The Nebraska Department of Roads and Transportation has oversight and management of these checkpoints. Usually the department issued a notice to state residents of the upcoming time schedules and locations of these checkpoints. Most times, these checkpoints are active when individuals are likely to be liable of impaired driving such as during the holidays or statewide concerts. These checkpoints are also an opportunity to track down criminals with outstanding warrants.
Which is Worse; a DUI or DWI?
In Nebraska, both DUI and a DWI come under the same legal definition. Severity assessed depends on other factors, such as how much intoxication by alcohol or drugs the tests reveal. Also, severity depends on whether it is a first time or a repeat offense.
What is an Aggravated DWI in Nebraska?
According to Nebraska state law, an aggravated DUI refers to charges where the blood alcohol level (BAC) of the alleged party returns values of 0.15% or above. This rule applies to first-time offenders. An aggravated DUI conviction will remain on the driving record for at least 15 years. Other complications that may arise are difficulties in getting car insurance.
What Happens When You Get a DWI in Nebraska?
Although the judicial processes are similar, the administration of penalties for a DWI ( same as a DUI) depends on the severity of the offense: some complicating components to DUI offense are:
- A felony involvement such as vehicular homicide because of being drunk or impairment
- A repeat DUI offense or or an aggravated DUI. Such offender can expect a license revocation, jail time and heavy fine payments