Thanks to a massive, and fairly successful, public awareness campaign over the last several decades, most people are now aware of the dangers associated with drinking and driving as well as the potential penalties for a violation of state driving under the influence (DUI) laws. The severity of the penalties you face for a DUI conviction will depend on a number of factors, including whether or not someone was injured in an accident you caused. As a Nebraska DUI defense lawyer explains, the harshest DUI penalties are those associated with causing a death while driving under the influence.
DUI with Serious Bodily Injury
The prosecuting attorney decides what charges to file against a defendant. The prosecuting attorney also has the power to negotiate a plea agreement that reduces the severity of a charge in the interest of securing a conviction. If you were involved in a collision while you were driving under the influence, the State could ultimately convict you of the lesser offense of DUI with Serious Bodily Injury. Nebraska Revised Statute 60-6,198 governs DUI with Serious Bodily Injury, reading, in pertinent parts, as follows:
“Any person who, while operating a motor vehicle in violation of section 60-6,196 or 60-6,197, proximately causes serious bodily injury to another person or an unborn child of a pregnant woman shall be guilty of a Class IIIA felony and the court shall, as part of the judgment of conviction, order the person not to drive any motor vehicle for any purpose for a period of at least sixty days and not more than fifteen years from the date ordered by the court and shall order that the operator’s license of such person be revoked for the same period.”
The statute goes on to define “serious bodily injury” as “bodily injury which involves a substantial risk of death, a substantial risk of serious permanent disfigurement, or a temporary or protracted loss or impairment of the function of any part or organ of the body.”
If convicted of DUI with Serious Bodily Injury as a Class IIA felony in Nebraska you face up to three years in jail and a license revocation of up to 15 years.
Motor Vehicle Homicide
That same collision could also be the basis for the prosecuting attorney to file the more serious charge of Motor Vehicle Homicide against you. Nebraska Revised Statute 28-306 governs Motor Vehicle Homicide. Normally, Motor Vehicle Homicide is a Class I Misdemeanor; however, if you were driving under the influence at the time, it becomes a much more serious offense as indicated by the statute which reads, in pertinent part, as follows:
“A person who causes the death of another unintentionally while engaged in the operation of a motor vehicle in violation of the law of the State of Nebraska or in violation of any city or village ordinance commits motor vehicle homicide.
(b) If the proximate cause of the death of another is the operation of a motor vehicle in violation of section 60-6,196 or 60-6,197.06, motor vehicle homicide is a Class IIA felony. The court shall, as part of the judgment of conviction, order the person not to drive any motor vehicle for any purpose for a period of at least one year and not more than fifteen years and shall order that the operator’s license of such person be revoked for the same period.
(c) If the proximate cause of the death of another is the operation of a motor vehicle in violation of section 60-6,196 or 60-6,197.06, motor vehicle homicide is a Class II felony if the defendant has a prior conviction for a violation of section 60-6,196 or 60-6,197.06, under a city or village ordinance enacted in conformance with section 60-6,196, or under a law of another state if, at the time of the conviction under the law of such other state, the offense for which the defendant was convicted would have been a violation of section 60-6,196. The court shall, as part of the judgment of conviction, order the person not to drive any motor vehicle for any purpose for a period of fifteen years and shall order that the operator’s license of such person be revoked for the same period.”
If you are convicted of Motor Vehicle Homicide as a Class IIA felony, meaning you do not have a previous conviction for DUI, there is no mandatory minimum sentence; however, you face up to 20 years in prison and a license revocation of one to 15 years. If you are convicted of Motor Vehicle Homicide as a Class II felony, meaning you do have a previous DUI conviction, you face a minimum of one year and a maximum of 50 years in prison and a license revocation of 15 years.
Contact DUI Defense Lawyer at Petersen Law Office
If you have been arrested for driving under the influence (DUI) in the State of Nebraska, it is always in your best interest to consult directly with a DUI defense attorney about the specific facts and circumstances of your case. Contact the Nebraska DUI lawyers at Petersen Law Office 24 hours a day at 402-513-2180 to discuss your case with an experienced DUI defense lawyer.
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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