DUI/DWI Recent Legal Changes in Nebraska

What recent changes have been made to our state’s DUI/DWI laws in Nebraska?

In 2020, Nebraska made several changes to its DUI/DWI laws, including increasing the minimum fines and jail sentences for DUI/DWI convictions, requiring an ignition interlock device for all DUI/DWI offenses, and raising the legal blood alcohol content (BAC) limit from 0.08 to 0.15. Additionally, a new offense of “extreme DUI” was created, with punishments that are more severe than those for a regular DUI/DWI conviction. The state also mandated that all drivers who are convicted of DUI/DWI attend drug and alcohol education courses, increased penalties for repeat offenders, and increased the minimum sentences for drunk driving accidents that result in serious injury or death.

Have there been updates to the legal BAC (Blood Alcohol Content) limit in Nebraska?

Yes, there have been updates to the legal BAC (Blood Alcohol Content) limit in Nebraska. The legal limit is now 0.08 percent. Any driver who is found to have a BAC of 0.08 percent or higher will be considered to be driving under the influence (DUI) and face related penalties.

How have penalties for first-time DUI offenders changed in recent years in Nebraska?

In recent years, Nebraska has increased penalties for first-time DUI offenders. Offenders will now face a mandatory minimum sentence of up to 90 days in jail, along with a $500 fine. They must also attend a 24-hour alcohol education course and may be required to participate in an alcohol evaluation and treatment program. The offender’s license may be suspended for up to six months, and he or she may be required to install an ignition interlock device. In addition, first-time offenders may be required to perform community service in lieu of jail time.

Are there new ignition interlock device (IID) requirements or policies in Nebraska?

Yes, effective July 1, 2020, Nebraska has new ignition interlock requirements for certain individuals convicted of DUI offenses. Under the new law, individuals with a blood alcohol concentration (BAC) of 0.15 or higher at the time of the initial offense will be required to install an IID for at least six months. Individuals with multiple DUI convictions may be required to install an IID for up to two years. Additionally, the new law allows for the installation of an IID prior to sentencing in certain cases.

Have there been changes to the process of DUI checkpoints and stops in Nebraska?

Yes, there have been changes to DUI checkpoints and stops in Nebraska. In 2014, the Nebraska Supreme Court held that “a law enforcement officer may not initiate a traffic stop without a reasonable suspicion that the driver has committed a traffic violation.” This means that a police officer must have a reasonable suspicion of criminal activity before they can pull someone over. Additionally, DUI checkpoints are now permitted in Nebraska, although police must still meet certain requirements and follow certain procedures.

What impact have recent legal changes had on DUI/DWI sentencing in Nebraska?

Recent legal changes impacting DUI/DWI sentencing in Nebraska include an increase in penalties for first-time offenders, a requirement for ignition interlock devices for those convicted of a DUI/DWI, and tougher penalties for those convicted of refusing a Breathalyzer test. The law now mandates a minimum six-month suspension of the driver’s license upon conviction, as well as mandatory jail time, fines and community service. Ignition interlock devices have also been mandated for all individuals convicted of a DUI/DWI in Nebraska as of October 1, 2017. First-time offenders must now have the device installed for at least six months, with repeat offenders having the device installed for at least one year. In addition, drivers who refuse to take a Breathalyzer test are now subject to an 18-month license suspension. These legal changes have helped Nebraska become one of the toughest states when it comes to DUI/DWI sentencing.

Are there new diversion or treatment programs for DUI offenders in Nebraska?

Yes, there are new diversion and treatment programs for DUI offenders in Nebraska. The state recently implemented a Risk Reduction Program, which is a diversion program designed to help reduce the risk of future DUI offenses by providing DUI offenders with education, assessment, and treatment. This program is available to first-time offenders and those who have been convicted of multiple DUI offenses. Additionally, the Nebraska Department of Health and Human Services offers a variety of services to individuals with alcohol-related problems, including screening, assessment, intervention, and referral for treatment.

Has the process for DUI/DWI testing or blood draws been modified in Nebraska?

No, the process for DUI/DWI testing or blood draws has not been modified in Nebraska. The DUI/DWI law in the state is based on the Implied Consent Rule, which states that any person operating a motor vehicle upon public highways and roads has given their implied consent to submit to a chemical test to determine the presence of alcohol or drugs. If a driver refuses to take a chemical test, their license may be revoked for up to 15 years.

Have recent changes affected the availability of plea bargains in DUI cases in Nebraska?

No. Plea bargains are available in DUI cases in Nebraska, but the availability of plea bargains is determined by local and state laws, which have not changed recently. Although individual prosecutors may be more or less likely to offer plea bargains for DUI cases, they are still available.

Are there specific changes in DUI laws for underage drivers in Nebraska?

Yes, there are specific changes in DUI laws for underage drivers in Nebraska. Nebraska has a Zero Tolerance Law that makes it illegal for any person under the age of 21 to operate a motor vehicle with a blood alcohol content (BAC) of .02 or greater. This law also prohibits drivers under 21 from transporting or possessing any alcoholic beverages. Additionally, Nebraska’s Implied Consent Law requires drivers under the age of 21 to submit to a chemical test (breath, blood, or urine) if asked by a law enforcement officer. Refusal to take the test is considered a criminal offense and carries severe consequences.

Have there been updates to DUI laws regarding marijuana or other drugs in Nebraska?

Yes, Nebraska passed a law in 2019 that went into effect in 2020 making it illegal to drive a motor vehicle while under the influence of marijuana or any other drug. Previously, it was only illegal to drive impaired by alcohol. The new law also stipulates that it is illegal to drive with a THC concentration of at least 5 nanograms per milliliter of blood in the body. Those found to be in violation of this law can face criminal charges and/or revocation of their driver’s license.

What changes have been made to DUI penalties for commercial driver’s license (CDL) holders in Nebraska?

In Nebraska, the penalties for DUI convictions for commercial drivers have been increased. First-time offenders now face a one-year disqualification from operating commercial vehicles. Additionally, a second offense within ten years of a prior DUI conviction will result in a lifetime disqualification. Persons convicted of DUI while operating a commercial vehicle with a minor aboard are subject to an increased penalty and can be disqualified from operating a commercial vehicle for up to three years. Finally, offenders can be required to have an ignition interlock device installed in any motor vehicle they operate for up to one year.

Are there new reporting requirements for DUI/DWI convictions to other states in Nebraska?

No, there are no new reporting requirements for DUI/DWI convictions in Nebraska. Under the Interstate Driver License Compact, Nebraska is required to report driver and traffic violation convictions to the driver’s home state of record. This includes convictions for DUI/DWI offenses. Additionally, Nebraska is a member of the Non-Resident Violator Compact, which requires out-of-state drivers who violate Nebraska’s traffic laws to pay any fines and penalties in their home state.

How have recent changes impacted the use of body cameras or dashcams during DUI stops in Nebraska?

Recent changes to the use of body cameras and dashcams during DUI stops in Nebraska have increased the transparency of DUI stops and have made it easier for officers to gather evidence. In 2019, Nebraska passed a law that requires law enforcement officers to activate body cameras during all DUI stops. This law requires that recordings be made of every step of the process, from the moment of contact until the conclusion of the stop. The recordings must be saved for at least two years. Additionally, some police departments in Nebraska have begun to equip their officers with dashboard cameras, which allow recordings of a broader area around the vehicle. These cameras can help provide more evidence to assist with conviction and can provide an extra layer of protection for officers. The use of body cameras and dashcams during DUI stops in Nebraska serves as an important tool for deterring crime and ensuring that justice is served appropriately.

Have there been changes to DUI laws related to accidents causing injury or death in Nebraska?

Yes, as of January 1, 2018, Nebraska has enacted stricter DUI laws. Under these new laws, anyone convicted of a DUI causing injury or death will face harsher penalties. These penalties include a minimum sentence of 90 days in jail, up to 20 years in prison, and a fine of up to $25,000. Additionally, the license of the offender will be automatically suspended for six months and will require an ignition interlock device before they can legally drive again. The offender may also be required to install an alcohol monitoring device in their vehicle.

Are there new policies or laws regarding DUI expungement or record sealing in Nebraska?

No, there are no new policies or laws regarding DUI expungement or record sealing in Nebraska. Under Nebraska Revised Statute 29-3524, a person may have their criminal record sealed after 10 years if they have not been convicted of a felony and have not been convicted of a misdemeanor in the past five years. However, DUI charges are not eligible for expungement or record sealing in Nebraska.

Have recent legal changes affected DUI insurance rates in Nebraska?

Yes, recent legal changes have affected DUI insurance rates in Nebraska. In 2017, the state passed a law that requires drivers with a DUI conviction to purchase an insurance policy with a minimum coverage of $25,000 for bodily injury to one person, $50,000 for bodily injury to two or more people, and $25,000 for property damage. This brings the minimum coverage level in line with those of other states and increases the minimums for drivers convicted of DUI. As a result, Nebraska’s DUI insurance rates have increased significantly.

What changes have been made to DUI/DWI court processes and procedures in Nebraska?

In Nebraska, the DUI/DWI court system has been updated with the passage of the Nebraska Statewide DUI/DWI Court Project. This project requires that counties have DUI/DWI courts which are responsible for prosecuting, sentencing, and supervising DUI/DWI offenders. The DUI/DWI court project also requires that a three-person panel of experts review each case for appropriateness for the court. The court is also responsible for providing treatment services to all participants and is required to use evidence-based practices to ensure successful completion of any sentences. Additionally, the courts must make use of risk assessment tools to help identify and address underlying factors that may have contributed to the offense.

Are there additional resources or diversion programs for individuals with substance abuse issues in Nebraska?

Yes, there are a variety of additional resources and diversion programs available to individuals with substance abuse issues in the state of Nebraska. Through Substance Abuse and Mental Health Services Administration, there are several resources including a Substance Abuse Treatment Locator, Substance Abuse Prevention Resource Centers, Recovery Support Services, and substance abuse treatment programs. Additionally, the state of Nebraska offers several diversion programs for individuals with substance abuse issues including Drug Court, DWI/DUI Court, and Problem-Solving Courts.

What is the process for staying informed about ongoing and future changes in DUI/DWI laws in Nebraska?

1. Visit the Nebraska state website (www.nebraska.gov) for updates on any recent or upcoming changes in DUI/DWI laws.

2. Follow the Nebraska State Bar Association (NSBA) on social media or sign up to receive news about DUI/DWI law changes via email.

3. Check the Nebraska Compiled Statutes (NCS) periodically to stay informed of any changes in DUI/DWI laws.

4. Consider joining a DUI/DWI-focused online discussion group or mailing list, where you can share questions and receive updates on changes in DUI/DWI law.

5. Attend conferences or webinars hosted by the NSBA, which often include presentations about recent changes in DUI/DWI laws in Nebraska.