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Underage Drunk Driving in Nebraska

Nebraska has a DUI Zero Tolerance Law for drivers under the age of 21. The law states that an underage driver commits a DUI when their blood alcohol content is .02 percent or more. This is .06 percent lower than the BAC limit for adults over the age of 21. The law also makes it illegal for a driver under the age of 21 to refuse a chemical test. An underage driver in Nebraska who commits a DUI can have their license suspended or revoked for up to a year.

In order to prove someone underage committed a DUI, the prosecutor needs to show that the defendant was under the age of 21 when the offense occurred, the defendant was under the influence, the defendant had a blood alcohol concentration of .02 percent or more, and the defendant was operating or in actual physical control of a motor vehicle. Like adults, a minor arrested for DUI can also assert numerous defenses. For example, a minor can claim that the stop was not lawful and that the officer lacked probable cause.


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