In recent years, most states across the United States have cracked down on drinking and driving by enacting tougher driving under the influence (DUI) laws and increasing the penalties for violating those laws. The State of Nebraska is one of those states. If you have been convicted of a DUI in Nebraska your sentence likely included a variety of different components. Only an experienced Nebraska DUI attorney can review your specific sentence with you to ensure that you understand each and every component clearly; however, the following guide is intended to help you with understanding your DUI sentence in Nebraska by providing a brief explanation of some common sentencing components.
· Term of incarceration – this refers to time spent incarcerated in either the county jail or a state prison. Shorter terms of incarceration (less than one year) are generally served in the county jail while longer terms are served in prison. You should receive credit for any time you spent in custody prior to sentencing.
· Probation – an alternative to incarceration. You will likely be sentenced to a term of incarceration and then have that time suspended and allowed to serve the time on probation instead. If you violate your terms of probation, however, your jail/prison time can be reinstated. Common probation terms include reporting to an officer, maintaining employment/registration in school, not using drugs/alcohol and not committing a new offense. You will also likely have to pay a monthly fee while on probation.
· Court costs – a set amount that defendants must pay to cover the costs of your prosecution.
· Fines – a variable amount that depends on the level of offense. The exact amount is decided by the judge or per the terms of a plea agreement.
· Restitution – represents the cost of any property damage you caused during the commission of the crime. In the case of a DUI, restitution usually represents damage to a vehicle caused in a collision.
· License revocation – in Nebraska your license is automatically revoked when you are arrested for a DUI. If convicted, you can receive an additional term of revocation the length of which depends on the level of your offense and whether or not you have been convicted of DUI in the past.
· Revocation of plates and registration – the plates and registration to your vehicle can also be revoked.
· Ignition interlock device – a device installed on your vehicle that requires you to blow into it before the vehicle can start and periodically while running. If alcohol is detected the vehicle will not start. You will also be required to pay the costs associated with the IID.
· Alcohol monitoring – an electronic device that you wear that can continuously check for the presence of alcohol in your system. You will need to pay the costs associated with the device.
· Alcohol assessment – a professional assessment done to determine if you have an ongoing problem with drugs and/or alcohol. If yes, it will help determine what treatment is needed. You will also be charged for the assessment.
· Alcohol treatment – if the alcohol assessment shows an ongoing problem you will be required to go through inpatient or outpatient treatment. Costs will be involved.
· Community work service – volunteer work service within the community that may need to be completed while on probation.
For specific questions regarding your DUI sentence in Nebraska, contact Petersen Law Office 24 hours a day at 402-513-2180 to discuss your case with an experienced DUI defense attorney.
Attorney Petersen was invited to join the National Advocacy for DUI Defense (NAFDD) organization in 2013. NAFDD vets thousands of lawyers and only chooses those who have achieved stellar results in DUI defense cases. Attorney Petersen was named one of the Top 50 defense attorneys in Nebraska out of more than 5,000.
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