On prime of that, the Nebraska Drink driving protection course of can seem scary and complicated, particularly you probably have a clear file.
Assist resume management of your life by calling Nebraska Drink driving protection lawyer Tom Petersen and his workers with Petersen Criminal Defense Regulation.
Since 1995, we now have centered our apply on Drink driving and prison protection, and our dedication to your greatest pursuits is unwavering.
Our expertise, information, and courtroom expertise gives you the most effective likelihood of escaping the possibly life-altering penalties of a Drink driving conviction.
Drink driving Legal guidelines in Nebraska
In Nebraska, Drink driving refers to working or having precise bodily management over a automobile whereas inebriated or drugs.
Drink driving additionally refers to working or having precise bodily management of a motorcar whereas having a blood alcohol focus (BAC) of 0.08% or extra in your breath or blood. Subsequently, a prosecutor can use two theories to attempt to convict you of Drink driving.
The prosecutor has the burden of proving you responsible past an inexpensive doubt of every aspect of the crime charged.
Beneath the primary concept of Drink driving, the prosecutor will seemingly use testimony from the arresting officer to debate the next:
- Your driving sample;
- What indicators of intoxication the officer witnessed as they interacted with you, e.g., bloodshot eyes, the odor of alcohol in your breath, slurred speech, and so on.;
- Your responses to the officer’s inquiries to supply your driver’s license and different data; and
- Your efficiency on the sector sobriety exams
Officers obtain Drink driving coaching that teaches them to search for harmful driving, slurred speech, glassy eyes, bloodshot eyes, issue following directions, diminished motor expertise, confusion, and different issues that point out you might be underneath the affect.
The prosecution by no means has to show that you just have been drunk. The State has to show that you just drove whereas your capability to function a automobile was appreciably impaired.
“Per Se” Drink driving and Implied Consent
Drink driving “per se” refers to driving with a BAC of 0.08% or above, as measured by a chemical check. The police can receive a pattern of your breath from a chemical check, due to Nebraska’s implied consent legislation.
This legislation states that by driving or having precise bodily management over a motorcar in Nebraska, the motive force implicitly consents to provide a pattern or breath or urine to the police if requested.
However keep in mind that the police can solely require you to undergo a chemical check if they’ve possible trigger to arrest you for Drink driving. They can’t demand that you just take the chemical check earlier than they arrest you.
Beneath Drink driving per se, all of the prosecutor wants is the BAC studying. Whether it is above .08%, the idea is that you just have been impaired and you might be responsible of Drink driving.
Beneath this concept, there isn’t a must show that the alcohol really impaired your capability to drive safely. Your BAC studying is sufficient for Drink driving per se.
The legislation additionally permits the prosecutor to confess proof of your refusal to take a blood or breath check towards you at trial.
Nebraska Drink driving Penalties
Nebraska has stiff Drink driving penalties. A primary-offense Drink driving cost is a Class W misdemeanor. A primary conviction may ship you to jail for 7 to 60 days and burden you with a nice of $500.
Moreover, the court should revoke your license for six months and order you to put in an ignition interlock machine in your automobile. Nevertheless, the court can revoke your license for one yr in case your chemical check is 0.15% or higher.
These penalties enhance you probably have prior Drink driving convictions in your file. You possibly can face a felony cost for Drink driving you probably have two prior offenses and a BAC over 0.15% or three earlier Drink driving convictions.
Name Petersen Criminal Defense Regulation Proper Now
Name 402-512-5724 to schedule a free session with our award-winning Drink driving protection lawyer Tom Petersen.
Tom focuses on Drink driving instances, and this focus over time has given him a uniquely intimate understanding of Drink driving legislation and successful protection methods.
Our workplace solutions calls across the clock as a result of we all know Drink driving arrests don’t all the time occur from 9 to five. So don’t be afraid to name any time, as we’re all the time right here once you want us.
We are able to even assist get the one you love launched from jail after a Drink driving arrest. Name now.
Lawyer Petersen was invited to affix the Nationwide Advocacy for Drink driving Defense (NAFDD) group in 2013. NAFDD vets 1000’s of lawyers and solely chooses those that have achieved stellar leads to Drink driving protection instances. Lawyer Petersen was named one of many High 50 protection lawyers in Nebraska out of greater than 5,000.
