Sentence Enhancements in Nebraska
There are sentence enhancements for DUI in Nebraska for prior convictions, a heightened blood alcohol concentration, and for causing serious bodily injury while driving under the influence. Harsher punishments are given for a person who commits a second, third, or fourth DUI. A second DUI in Nebraska carries with it a $500 fine and a maximum term of imprisonment of 90 days. There is a minimum punishment of 30 days in prison. A second DUI is a Class W misdemeanor. A third DUI offense that occurs within 12 years of the second DUI is a Class W misdemeanor. The punishments for a third offense are 90 days to 1 year in jail, a $600 fine, suspension of the drivers license for a year, and possibly a 15 year revocation of the offender’s drivers license. A fourth DUI offense that occurs with 12 years of the second DUI is a Class IV felony punishable by 10 days to 5 years in jail, up to $10,000 in fines, suspension of the driver’s license of 1 year, and possibly a 15 year revocation of the offender’s driver’s license.
Any person who proximately causes serious bodily injury to another person while driving under the influence is guilty of a Class IIIA felony and will have their license revoked for a period of time of at least 60 days and not more than 15 years. Serious bodily injury refers to any bodily injury that involves a substantial risk of death, a substantial risk of permanent disfigurement, or loss or impairment of a body part or organ than can either be temporary or permanent. There is no minimum prison term for a Class IIIA felony in Nebraska but the maximum prison sentence is 5 years and a class IIIA felony is also punishable by a maximum fine of $10,000.
Another aggravating factor that can lead to harsher penalties for a DUI is an extremely high blood alcohol concentration. The enhanced penalty BAC limit in Nebraska is .15 percent. This means that a suspected DUI driver who has a BAC that exceeds .15 percent in the state of Nebraska will likely receive a greater prison term and higher fines if convicted.
The enhanced penalty blood alcohol concentration in Nebraska is .15 percent. This means that a suspected DUI driver who has a BAC over .15 percent is considered to have committed a more egregious violation and can receive significantly harsher punishments. For example, a first-time DUI offender in Nebraska can have their driver’s license suspended for up to 6 months. However, if a first time offender has a BAC above .15 percent, the license may be suspended for up to a year. Additionally, the driver whose BAC was above .15 percent may also be ordered to undergo alcohol treatment. Instead of a prison term of 30 to 90 days and a $500 fine, a 2nd DUI conviction where the driver had a BAC above .15 percent is punishable by 90 days to 1 year in prison and a fine that can be up to $1000. Normally, a second DUI conviction in Nebraska results in a one year suspension of the driver’s license. However, if the driver had a BAC of over .15 percent, the license can be revoked for up to 15 years.
A third DUI conviction in Nebraska is punishable by 90 days to 1 year in prison, a $600 fine, and a suspension of the driver’s license that can range from 2 to 15 years. These punishments are enhanced if the convicted driver had a BAC of over .15 percent. The prison sentence becomes a minimum of 180 days up to 5 years, the fine may be up to $10,000, and the license will be suspended for at least 5 years. A fourth DUI conviction is normally punishable by imprisonment of 180 days to 5 years and a fine of up to $10,000. If the convicted driver had a BAC of .15 percent or more, the punishment becomes 1 to 20 years in prison and a fine of up to $25,000. As these examples show, DUI convictions that involve a BAC of .15 percent or more result in substantially harsher punishments.
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