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Frequently Asked Questions about DUI in Nebraska

When can an officer stop a vehicle for DUI?

An officer in Nebraska must have a valid reason to stop a vehicle. Police officers cannot just arbitrarily stop cars. In Nebraska, a law enforcement officer may stop a vehicle if they notice some kind of problem with the vehicle such as something like a broken window or the officer had probable cause to believe the vehicle was being driven in an impaired manner or in a way that violated the law. Nebraska law requires that an arresting peace officer submit a report within 10 days of the arrest that provides the reasons for the stop and subsequent arrest. Erratic driving, excessive speeding, or any unusual behavior may be considered reasonable grounds for an officer to stop a driver. No vehicle can be stopped by police without reasonable suspicion or probable cause of a traffic offense or crime.

Can you expunge a DUI in Nebraska?

Nebraska does not allow a DUI to be expunged.

Is a DUI only limited to alcohol?

In Nebraska, a person can commit the offense of driving under the influence if he or she is under the influence of prescription drugs that impair their ability. Driving under the influence may refer to drugs that are legal or illegal and have side effects such as dizziness, drowsiness, or loss of muscle coordination. Prescription drugs can potentially impair a person enough that the person may be charged with DUI in the state of Nebraska. Medicines like Aspirin or Benadryl can cause drowsiness, dizziness, and lack of concentration. For this reason, it’s important for people to be aware of side effects of any prescription drugs that they take. Any substance, even if it is prescription medicine, that can impair one’s ability to safely operate a motor vehicle can be the reason for a DUI arrest.

Can you receive a DUI if you are not actually driving?

A person in Nebraska can be stopped and arrested for DUI even if the vehicle is not moving. As per Nebraska Revised Statute §60-6, 196, “it shall be unlawful for any person to operate or be in the actual physical control of any motor vehicle while under the influence of alcoholic liquor or of any drug.” According to the plain language of the statute, actual movement of a vehicle is not an element of a DUI in Nebraska. All that is needed is for the person to be in actual physical control of the vehicle. A law enforcement officer still must have reasonable grounds for the stop and arrest.

Can a driver consult with a lawyer before submitting to a chemical test?

In Nebraska, a driver is not entitled to consult an attorney before submitting to a chemical test under the implied consent law.

Can a driver refuse the field sobriety test or chemical test?

Nebraska has an implied consent law. Under the law, a driver in Nebraska is considered to have given consent to blood, breath, or urine testing if they are arrested for DUI. One who drives on the roads or highways of Nebraska has agreed that their driver’s license may be suspended if they refuse a blood, breath, or urine test. The implied consent law requires that a driver must submit to chemical testing. However, a driver is not required to submit to field sobriety tests. A person cannot be arrested in Nebraska for refusing to perform field sobriety tests.

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