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I am a criminal defense lawyer licensed in Nebraska and Iowa. My practice handles criminal cases (both Felony and Misdemeanors) in Eastern Nebraska (Omaha, Douglas County, Sarpy County, Washington County, Dodge County, Platte County, Saunders County, Lancaster County, Cass County and surrounding areas) and Western Iowa (Pottawattamie County, Mills County, Monona County, Woodbury County, Harrison County and surrounding areas).
If you have been charged with ANY CRIME in the Sate of Nebraska or Iowa, you need an experienced criminal defense attorney.
In this blog, I will NOT be discussing defenses, discovery, pre-trial motions, police reports, possible civil penalties, “no contest” pleas, or other such information. That information requires an in-depth consultation, wherein we will be discussing your particular case in intricate detail and formulating a comprehensive defensive strategy to attack the charges against you.
Today’s blog will briefly discuss the eligibility for an Ignition Interlock Device or Breathalyzer and a brief recap of some of the typical penalties for misdemeanor Dui in Nebraska.
"As of January 1, 2012, Nebraska has new DUI laws that allows offenders to waive their right to an Administrative License Revocation (ALR) hearing and apply for an Ignition Interlock Permit (IIP) instead." http://www.dmv.nebraska.gov/
To be eligible for Ignition Interlock Device or Breathalyzer:
1. You must be a Nebraska resident; and
2. Be at least 18 years old; and
3. Must have been issued a Nebraska Driver's License; and
4. You must submit additional documentation to the DMV.
SOME of the Additional steps and Documentation that MAY BE required:
- Verify eligibility for the Ignition Interlock Permit (IIP) online or call the Department of Motor Vehicles at 402-471-3985.
- Submit the Ignition Interlock Permit Application (arrest dates on 01/01/2012 or after)online or download a form.
- Provide a current certificate of installation showing an approved device has been installed for each vehicle you will be operating (device cannot be installed on a Commercial Motor Vehicle). This will be provided by a valid Ignition Interlock Vendor.
- Surrender current driver license to Department of Motor Vehicles, 301 Centennial Mall South, Lincoln, NE 68509-4877.
- Meet all other applicable reinstatement requirements for any other withdrawal actions on your driving record. Check your Interlock Eligibility online.
- Once all requirements have been met, you will be notified that the permit has been authorized by checking your Interlock Elgibility online. You may eligible to get the IIP online or you can get it issued in person at any licensing station in Nebraska. If the IIP is issued online, you cannot legally drive until you either go to your local County Treasurer to have the temporary document printed or you receive the IIP in the mail. (In person: Be prepared to furnish the Examiner with proof of birth date and identity and two (2) forms of proof of residence. Take the issuance certificate you get from the Examiner to the County Treasurer, pay the $47.50 fee and have the permit issued.)
*The above listed information was taken directly from the Nebraska DMV website. ***Some of this above listed information MIGHT be able to be found at http://www.dmv.nebraska.gov/
Typical Nebraska Dui - Potential Penalties for:
- 1. First Offense Dui - Non- Aggravated Dui; and
- 2. Second Offense Dui - Non- Aggravated Dui;
What are the Penalties for Dui in the State of Nebraska?
What is the Penalty for first offense non-aggravated Dui in the State of Nebraska?
First Offense DUI – Non-Aggravated Dui – Penalty (Defendant’s Bac was under 0.15) – First Offense Non Aggravated Dui is a Misdemeanor in the State of Nebraska.
Maximum Penalty: 60 days in jail. The Court will order that your drivers license is revoked for 6 months license (The DMV will revoke your license also, however I will address the DMV portion of a typical DUI in a future blog). The Court will order a $500 fine (not including additional court costs and fees)
Mandatory Minimum: 7 days in jail (Or More-up to the maximum allowed by Law). The Court will order a 6 months license revocation and a $500 fine
The court requires the person to apply for an ignition interlock. Ignition interlock and its applicable law will be addressed in a future blog.
If The Court Grants Probation: There will be no “up-front” Jail sentence, however you will be ordered to a term of probation and the Court will revoke your driver’s license for 60 days and order a $500 fine (not including court costs and fees and probation fees).
The court requires the person to apply for an ignition interlock.
What is the Penalty for Second Offense Non-Aggravated Dui in the State of Nebraska?
Second Offense DUI – Non-Aggravated Dui (Defendant’s Bac was under 0.15) – Misdemeanor
Maximum: 90 days in jail
1 year license revocation
$500 fine (Not including Court Costs, fees etc, etc).
Mandatory Minimum: 30 days in jail (Or More-up to the maximum allowed by Law)
1 year license revocation
$500 fine
The court requires the person to apply for an ignition interlock after
45 days.
If The Court Grants Probation: 10 days in jail (Or More-up to the maximum allowed by Law) or not less than 240 hours of community service (The Court does NOT have to Allow Community Service).
1 year license revocation
$500 fine
The court requires the person to apply for an ignition interlock after
45 days.
(Again, every case is different due to facts and circumstances. Therefore, to fully know and understand the full range of penalties – both criminal and civil penalties and liabilities- you are facing, you need to discuss your case in DETAIL with an experienced criminal defense lawyer like David Tighe.
Remember that first and foremost, if you have been pulled over, cited or arrested you should immediately contact an experienced Criminal Defense Attorney, Like David Tighe, to discuss your particular situation and immediately work on developing a comprehensive defense strategy for your case.
The purpose of this blog is purely for informational purposes only and should not be construed as legal advice and does not create an “Attorney-Client Relationship” as everyone’s legal situation is different and is dependent on the isolated facts of their particular situation.
I will post additional information regarding Nebraska crimes, laws and procedures and penalties in the near future.
Thank You
DavidTighe
402-981-6327
David@davidwtighe-law.com
If you or a loved one have been charged with a crime in Nebraska or Iowa – time is critical. Each case is unique, and it is important to protect your rights. David Tighe is an experienced Criminal Defense Attorney that is able to answer your questions, and determine the best course of action.
Feel free to contact David Tighe Criminal Defense Lawyer via 402-981-6327 or email David@davidwtighe-law.com
or visit my website at
Dui lawyer Nebraska David Tighe
Twitter: @DavidTighelaw
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