Nebraska Driving Under the Influence - DUI - Questionnaire

State:
Multi-State
Control #:
US-Q1012
Format:
Word; 
Rich Text
Instant download

Description

This form addresses important considerations that may effect the legal rights and obligations of the parties in a DUI/DWI matter. This questionnaire enables those seeking legal help to effectively identify and prepare their issues and problems. Thorough advance preparation enhances the attorneys case evaluation and can significantly reduce costs associated with case preparation.



This questionnaire may also be used by an attorney as an important information gathering and issue identification tool when forming an attorney-client relationship with a new client. This form helps ensure thorough case preparation and effective evaluation of a new clients needs. It may be used by an attorney or new client to save on attorney fees related to initial interviews.


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FAQ

Refusal or failure to comply with a breath demand carries the following penalties: A mandatory minimum one-year driving prohibition/suspension for a first-time offender, and the judge can impose up to a three-year driving prohibition at their discretion. A mandatory minimum $2,000 fine.

In Nebraska, if a driver's BAC reaches 0.08% or higher, the person is driving while intoxicated. This is called a "per se" BAC limit DUI law which means that no other evidence is needed to support a DUI conviction.

Any person who refuses to submit to such preliminary breath test or whose preliminary breath test results indicate an alcohol concentration in violation of section 60-6,196 shall be placed under arrest.

In Nebraska, prosecutors can charge a defendant with an aggravated DUI if their BAC is measured at 0.15 or higher. This is a more serious criminal offense and prosecutors tend to be highly aggressive when bringing aggravated DUI charges.

Under Nebraska law, it is unlawful to operate or be in physical control of the vehicle if: You are under the influence of alcoholic liquor or any drug. You have a blood alcohol concentration (BAC) of . 08% or higher.

Driving Under the Influence means you were found to be driving with alcohol or other substances in your system.

Zero Tolerance ? Nebraska .02 Law The Nebraska . 02 law or ?zero tolerance law? is a law to prevent minors from drinking and driving. Under the law, minors (defined as anyone under age 21) are prohibited from driving with more than . 02 grams of alcohol per 100 milliliters of blood or 210 liters of breath.

Though, to be clear, a first-time DUI conviction could still land a person in jail. The minimum and maximum sentences for intoxicated driving in Nebraska are as follows: First DUI offense: A $500 fine, a 6-month license suspension, and between 7 and 60 days in jail.

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Nebraska Driving Under the Influence - DUI - Questionnaire