If the Cornhusker State is where you call home and you have been arrested for a DWI, this information is just for you. First, you will face two separate cases following your DWI arrest. The first case is an administrative license revocation hearing. This a civil hearing where the state of Nebraska is seeking to suspend your license. The second case is the Nebraska DWI criminal court case. Following 10 days after your arrest, you must request a hearing with the Nebraska DMV or you will automatically lose your license for 90 days (a work permit is available after 30 days).
You can be convicted of a DWI in Nebraska in two ways. If you are proven to be mentally or physically affected by alcohol while driving, you are DWI. This can be proven by chemical testing, field sobriety tests or poor driving performance. The other way to be convicted is a violation of Nebraska’s “per se” law of driving with a blood alcohol content of .08% or more.
Penalties
First-time offenders can receive 7 to 60 days in jail. You can be fined $400 and be put on 60 day license probation. Other penalties may include: community service, vehicle impoundment, ignition interlock system, restricted travel, insurance problems, alcohol treatment and loss of job.
BAC
If your blood alcohol content is .08% or more, you are DWI in Nebraska. Chemical testing by either blood, breath or urine can help determine your BAC. Blood and urine tests must be administered by trained medical professionals.
Field Sobriety Tests
Here are three tests you’ll never want to take: HGN (horizontal gaze nystagmus), the one leg stand and the walk and turn. Police administer these tests to help back their claim that you were drinking and driving. FSTs test for skills such as balance, involuntary eye jerking and coordination.
Ignition Interlock Device
If you failed the chemical test, you may be required to install (at your expense) an ignition interlock, a device that will not allow you to operate your car if you have any alcohol in your system.
Zero Tolerance
If you are under 21 and had a BAC of .02-.079, you won’t face criminal penalties, but your driving privileges can be suspended for 30 days for a first offense. If your BAC was .08% or more, your license will be suspended for 1 year.
Hiring an Experienced DWI Lawyer
Tough laws require tough lawyers – and Nebraska has them. Make sure you find a lawyer who specializes in DWI law.