An arrest and conviction for driving under the influence, or DUI, in Nebraska comes with serious penalties and consequences even if the DUI is your first one and there were no aggravating circumstances. If this is not your first DUI conviction and there are aggravating circumstances, the penalties and consequences you face if convicted increase significantly. Only an experienced Nebraska DUI defense attorney can evaluate the individual facts and circumstances of your arrest and provide your with specific advice and guidance; however, a basic understanding of the Nebraska laws dealing with a 3rd aggravated DUI may be helpful in the meantime.
In Nebraska, A first time DUI is charged as a class W misdemeanor. Misdemeanors are less serious crimes and carry less serious penalties if convicted. A second DUI is also charged as a class W misdemeanor as is a third DUI if there are no aggravating circumstances. Of course, the penalties for a second or third DUI conviction are harsher than those for a first time DUI; however, the crime remains a misdemeanor absent aggravating circumstances.
A third DUI with aggravating circumstances is charged as a class IIIA felony in Nebraska. Aggravating circumstances includes a refusal to submit to a chemical test or submission to a chemical test with the results showing a blood or breath alcohol concentration (BAC) of 0.15 percent or higher. If convicted of the more serious Class IIIA felony DUI you face a license suspension of 15 years and a mandatory minimum of 180 days in jail. If you are granted a probation sentence after conviction of a third time aggravated DUI the court must revoke your license for a minimum of five years and a maximum of 15 years. You cannot drive for at least 45 days after which time you can apply for an ignition interlock permit. You must also spend a minimum of 60 days in jail and may be ordered to use an alcohol monitoring device upon your release from jail.
Along with the judicial penalties you face if convicted of a third aggravated DUI in Nebraska, you may also face a number of non-judicial consequences such as increased insurance premiums, disciplinary action for a professional license, or lost employment opportunities in the future. For all of these reasons it is in your best interest to consult with an experienced Nebraska DUI defense attorney right away if you are charged with DUI.
If you have additional questions about your Nebraska felony DUI charges, contact Petersen Law Office 24 hours a day at 402-513-2180.