Being arrested and charged for driving under the influence, or DUI, in Nebraska exposes you to serious penalties should you ultimately be convicted. Those potential penalties increase dramatically when you are charged with DUI with serious bodily injury. If you are currently facing DUI charges in Nebraska and the State of Nebraska is also alleging that you caused serious bodily injury to another person you should have a firm understanding of the serious nature of the charges against you. Ultimately, you should consult with an experienced Nebraska DUI defense attorney regarding the specific circumstances involved in your case; however, an overview of the applicable Nebraska laws and penalties may be helpful in the meantime.
In Nebraska, you may be charged with DUI causing serious bodily injury to another person or to an unborn child. The allegations of serious bodily injury elevate the offense to a class IIIA felony which carries a maximum sentence of five years in jail and a fine of up to $10,000 if convicted. In addition, your driving privileges will be revoked for anywhere from 60 days to 15 years if convicted, with a mandatory minimum revocation period of 60 days.
The addition of serious bodily injury can mean the difference between a maximum sentence of 60 days in jail and a maximum sentence of 15 years as well as the difference between a maximum license revocation of six months and a revocation of up to 15 years. For these reasons, a charge of DUI with serious bodily injury in Nebraska should be taken seriously.
Nebraska Revised Statute 28-109 defines serious bodily injury as:
“bodily injury which involves a substantial risk of death, or which involves substantial risk of serious permanent disfigurement, or protracted loss or impairment of the function of any part or organ of the body.”
Often, the biggest issue in a DUI with Serious Bodily Injury prosecution is not whether the defendant was driving under the influence but whether the defendant caused serious bodily injury to a victim. Just because a collision was involved doesn’t mean you can be convicted of causing serious bodily injury.
If you are facing charges of DUI with Serious Bodily Injury in Nebraska it is in your best interest to consult with the Nebraska DUI attorneys at Petersen Law Office. Contact the office 24 hours a day at 402-513-2180 to find out if you are eligible for an IIP license.