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Omaha DUI Lawyers

  1. Wieland, John: Driving Under The Influence (DUI) A DUI (or DWI) charge is encountered in Nebraska's court system and Nebraska laws provide a minimum and maximum range for each severity grade for a DUI offense with your Judge determining the penalties. To be charged with a DUI/DWI under Nebraska law, you must be operating a vehicle in a public place or road when your blood alcohol content (BAC) is .08 or greater. A driver will be charged with an aggravated DUI when the BAC is .15 or higher. DUI penalties have a series of consequences that impact driving privileges and can result in: A 6 month minimum revocation of your driver's license Impoundment of your operating license Probation Jail time and/or community service Restricted driving rights with an engine ignition interlock device (IID) installed on your vehicle The refusal to submit to a test to measure the alcohol in your blood system can result in the same or greater penalties. When a driver has been convicted of two or more DUIs within a 12 year time period, the penalties are significantly increased. Drivers must also be aware that Nebraska's Department of Motor Vehicles (DMV) utilizes a separate administrative license revocation (ALR) procedure. When that driver is charged with a DUI and this DMV proceeding has it's own separate penalties and consequences that also affect motor vehicle operating privileges.
  2. Rowen Law Office: Personal Injury and Wrongful Death Claims Motor Vehicle Accidents Claims Medical Malpractice Claims Nursing Home Abuse and Neglect Claims Premises Liability Claims Dangerous and Defective Product Injury Claims Workers' Compensation Claims Employment Law Claims Felony and Misdemeanor Criminal Defense DUI/DWI Drunk Driving Defense Litigation and Appeals
  3. Hightower Law: DUI Defense DUI Defense (and other traffic offenses) If you’re facing a DUI charge, contact our office immediately. It is important to take initial steps to ensure that the offense has a minimal effect on your record. Generally, there are options that you have that we can assist to make the process easier. It is important that an attorney examines the facts surrounding your offense to make sure that your rights have not been violated. In Nebraska, the Department of Motor Vehicles holds an Administrative License Revocation (ALR) hearing telephonically to determine the revocation of your license prior to your court date. The petition for this hearing must be mailed within 10 days from the date of your offense.
  4. Davis, James: Civil Litigation Drug Crimes DUIDWI Federal and State Criminal Law including Felonies
  5. Mitchell, Alton: Criminal Defense DUI/DWI Misdemeanors Felonies
  6. Moore, Laird: DUI defense Zero - tolerance Minor in possession defense (M. I. P.) Drug charges Other felony and misdemeanor defense
  7. Schaefer Shapiro: DUI Defense, Criminal Law Defense, Personal Injury, Probate, Real Estate, Business Planning, Contracts and Domestic Relations
  8. Olsen Law Office: Federal, State, Criminal, Assault, Driving During Suspension, DUI, Federal Drug Crimes, Federal Drug Offenses, MIP, Personal Injury, Sex Offenses, State & Federal Drug offenses
  9. MecknaLaw: Nebraska DUI Law When recieving a DUI in Nebraska there are two seperate hearings ALR (Administrative License Revocation Hearing) and a Nebraska DUI criminal court case: The ALR (Administrative License Revocation Hearing) is a civil hearing where the state is try's to suspend your drivers License. If you recieve a DUI in Nebraska it is important to contact a lawyer imediatly because you only have 10 days from the date of your arrest to request a hearing with Nebraska DMV, or your license will autmaticaly be suspended. The Next Hearing would be the Nebraska DUI criminal court case. In this case the prosecuter will try to convict you of drinking and driving under the influence. If convicted there are a number of consequences you may face including: Jail Time, AAA, Probation, Fines, ignition interlock installed in your car. There are two ways a person can receive a dui in Nebraska: The first is (common-law Nebraska DUI) based on the condition of the driver and the drivers ability to handle a motorized vechicle. If a person's impairment is prooven through driving pattern, field sobriety test performance, the physical appearance of the driver, or chemical test results you can recieve a dui. The second has more straignt forward quidelines. If you are pulled over and have a blood alcohol level above the legal limit (.08BAC) you will receive a dui. If you recieve a DUI in Nebraska you do have the right to a Jury Trial. Nebraska DUI juries are contain six people. For the prosecution to convict someone of drinking and driving all six of the jury must find the defenent guilty. This means that it only takes one jurer to determin the person did not violate the law to obtain a hung jury. This will possibly result in the dismissal of the Nebraska DUI. If ALR hearing is lost: First Offense - 90 day suspension with a work permit available after the first 30 days. Second and subsequent Offense - 1 year suspension with no work permit License Suspensions in Criminal Court: This is in addition to the ALR suspensions: First Offense: 60 days with probation, or 6 months if you are sentenced to jail. Second Offense: 1 year with probation & the same if you are sentenced to jail. Third Offense: 1 year with probation and 15 years if you are sentenced to jail. Fourth Offense: 1 year with probation & 15 years if you are sentenced to jail. If you win the ALR, your license is mailed back to you. When you go to court, you'll have a suspension, but may be able to drive with the ignition interlock. If you lose your license to the ALR, the court-imposed suspension is credited with the time you were suspended under the ALR. They run at the same time. Criminal Consequences If you receive a dui there is also a chance you may spend some time in prison. The basics are as follows. Nebraska DUI First Offense Maximum: sixty days imprisonment and five hundred dollars fine. Mandatory minimum: seven days imprisonment and four hundred dollars fine. Nebraska DUI Second Offense Maximum: ninety days imprisonment and five hundred dollars fine. Mandatory minimum: thirty days imprisonment and five hundred dollars fine. Nebraska DUI Third Offense Maximum: one year imprisonment and six hundred dollars fine. Mandatory minimum: ninety days imprisonment and six hundred dollars fine.
  10. McGowan Law Firm: DUI/Traffic Offenses Criminal Defense Juvenile Law Personal Injury Workers' Compensation Contractual Matters Powers of Attorney Living Wills Name Changes
  11. Holthaus Law Office: Elder Law Guardian/Conservatorships DUI/DWI Criminal Defense Juvenile / Children’s Rights Probate Real Estate
  12. Forsberg & Jolly: DWI, DUI, OWI, OUI
  13. Kohl, John: Felonies – misdemeanors – DUI – traffic Sexual assaults Drug cases Assaults and domestic violence cases Divorce and family matters
  14. Addison, Ernest: All felonies and misdemeanors DUI / DUS / DWI Drug cases Homicides Robbery Sex offenses Weapon charges Assault cases Some personal injury cases
  15. Fitzpatrick, Michael: Criminal Defense- Licensed in both State and Federal Courts *Felonies and Misdemeanors *D.U.I.- License Revocation and A.L.R. Hearings *Homicide/Conspiracy *Drugs/Possession/Delivery *Thefts/Burglary/Robbery/Shoplifting *Assaults *Domestic Violence/Protection Orders *Sex Crimes *Juvenile Law *M.I.P. *Pardons/Motions to Set Aside Conviction
  16. Brown, Chad: Criminal Defense Felony Charges (theft, forgery, burglary, robbery, assault, sexual assault, homicide, etc.) Drug Charges (possession, manufacturing, distribution) Driving Under the Influence (DUI) (misdemeanor and felony, including ALR hearings) Domestic Violence Juvenile Offenses Child Abuse and Neglect Charges Misdemeanor Offenses Traffic Violations Protection Order Hearings Civil Representation Personal Injury Landlord/Tenant (renter disputes) Contract Disputes Setting Up a Corporation Family Law (divorce and child custody)
  17. Ratigan, Ryan: DUI Defense A DUI conviction is likely to negatively affect your life tremendously, especially if you do not have an attorney to represent you at each and every DUI appearance and hearing.
  18. Green, John: After a Drunk Driving Charge, Count on Experienced Counsel When you have been arrested and charged with driving under the influence or driving while intoxicated, you have a lot at stake. You could lose your driving privileges for a lengthy period of time. You might face hefty fines and even jail time. You want an experienced attorney who will act quickly to protect your license and to minimize your exposure to criminal sanctions. The Administrative License Revocation Proceeding After you have been charged with DUI/DWI, it is critical that you act fast, if you want to avoid suspension of your driver's license. Your license will be automatically suspended upon arrest, you will be given a temporary license and you have only 10 days to appeal the suspension by the DMV. If you fail to appeal within 10 days, your license will be suspended for a minimum of 90 days. If you refuse to take a blood alcohol test, your license will be suspended for one year. The Criminal Prosecution The criminal penalties for drinking and driving can be severe and can prevent you from holding commercial licenses to operate trucks or cabs. For certain violations (a blood alcohol content of over .15), even a first offense requires jail time. Multiple offenders often face jail time, and a felony DUI/DWI conviction can carry sentences ranging from 1-20 years. A conviction can also carry fines that reach into the thousands of dollars. Besides incarceration and fines, a DUI/DWI conviction means a criminal record that can follow you for the rest of your life, impacting your employment options as well as your reputation.
  19. Drouillard Law: The worst day of your life? Finding out that you have been charged with a crime may be the worst thing that has ever happened to you. You may feel a desperate urge to talk about it with someone; but don't discuss it with anyone but your lawyer. Your personal feelings may include fear, embarrassment, anger, confusion, self-blame, and feeling helpless. You may have trouble sleeping as you try to recall details of something that happened in just a few moments in time and at a time when you weren't paying close attention to what was going on around you. You may fear what will happen to you, your job, your family. The first thing you need to do is retain a lawyer. Your lawyer will understand exactly how you feel and be able to give you the advice you need to start sleeping again. Your lawyer will stand by your side every step of the way, even if everyone else has abandoned you. Your lawyer will be your best and wisest friend at a time when you desperately need a friend. What you should not do... Do not talk to the police until you have met with your lawyer. The police are not your friend once you have been arrested or they begin to interrogate you. The interrogation may seem like friendly conversation, but it is intended to get you to say something which may incriminate you or catch you in a lie; perhaps just a mistaken statement. Police will often sound friendly and offer to help you or state they just want to hear your side so they can get the charges dropped. The officer may even be sincere about wanting to help you. That is not a good reason to talk without a lawyer present. If the police officer wants to help you, he will still want to help you when you have a lawyer by your side. Every criminal defense attorney can share a number of stories with you about how just one simple statement to the police meant the difference between being acquitted and being convicted of a crime. Don't take the risk, no matter how tempted you feel.
  20. Wilson, Michael: While not to be taken lightly, a DUI charge should not ruin your life.
  21. Nelson Law Offices: Whenever you get arrested or ticketed for a D.U.I., you face two very important issues. The first issue involves the Administrative License Revocation process conducted by the Nebraska Department of Motor Vehicles. This process involves the suspension of your driving privileges in Nebraska. The most important thing you need to remember is that you only have a short time to contest this administrative license revocation. It is imperative you contact an attorney very soon after your arrest so you don’t miss any deadlines. If you do, you will waive your right to challenge your revocation. If you do lose your license administratively, an attorney can assist you in obtaining a restricted license allowing you to drive under certain conditions. However, it is important to note that in some situations you will be unable to obtain a restricted license.

    The second issue you face involves the criminal prosecution of your case in the jurisdiction where you received your D.U.I. A D.U.I. prosecution and conviction subjects you to the following possible penalties: jail, probation, community service, fines, court costs and further suspension of your license. In July of 2006, the Nebraska Legislature increased the penalties for most D.U.I. offenses. For example, jail time and a one-year license suspension are now mandatory for certain first-time D.U.I. offenses. It is also now possible to face a felony D.U.I. prosecution consisting of more lengthy incarceration and a possible 15 year license suspension after only 2 prior D.U.I. convictions. The Nebraska Legislature has targeted D.U.I. offenders as public enemy number one. The penalties have increased dramatically and the consequences can be life-altering. dui - ADMINISTRATIVE LICENSE REVOCATION CASE If you are charged with Driving Under the Influence of Alcohol, you have two separate issues to deal with. The first is the Administrative License Revocation (ALR) process through the Nebraska Department of Motor Vehicles (DMV). This process relates only to your privilege to drive-it does not include penalties for jail, fines, court costs, probation, etc as described in the next section below. The ALR process applies only to DUI-Alcohol cases and does not apply to DUI-Drug cases. If you submit to a breath test and test over the legal limit of 0.08 or if you refuse to take the breath test, the police officer will confiscate your license and issue you a thirty day temporary license. Once the temporary license expires, your privilege to drive in Nebraska will be revoked for 90 days, unless you have a prior administrative license revocation or if you refuse to submit to the chemical test. If you have a prior administrative license revocation for a DUI or you refuse to submit to a chemical test, your license will be revoked for one year at the expiration of the 30-day temporary license. It is very important to note that you only have 10 days from the date of arrest to file a petition to challenge whatever license revocation you might be facing. It is preferable that the attorney file this petition for you if you are represented by counsel. It is also important to note that the laws may be different if you are a minor or operating a commercial motor vehicle. Just because you file the petition to challenge your administrative license revocation does not mean you will be successful and avoid a revocation. However, you will certainly lose your license if you or your attorney fail to file the petition within 10 days of the date of arrest. Your desire or need to keep your license to travel to work, school or wherever else is not a defense to your administrative license revocation. There are multiple defenses to an administrative license revocation that will likely only be known by an attorney who practices significantly in this area of the law. A qualified attorney can increase your chances of avoiding an administrative license revocation. If your license is revoked, you must be aware that being convicted of driving under revocation can lead to harsh penalties, include jail time, a probation violation, and an additional one-year revocation of your license. Therefore, it is beneficial to have an attorney that understands what steps one can take to obtain a restricted license to be able to drive during your revocation. Obtaining a restricted license can reduce your chance of being prosecuted for driving under revocation and the harsh penalties associated with a conviction. There are two types of restricted licenses: 1. work permit & 2. ignition interlock device. There are pros and cons to each. A restricted license is generally available for only part of the revocation and in some cases the entire period. In some situations, a person will be eligible for one type of restricted license but not the other. An attorney can help determine your eligibility for a restricted license, which option-if any-is best for you, and how to apply for a restricted license. Be aware the Nebraska legislature recently changed the law pertaining to restricted licenses so more people now have the ability to obtain a restricted license than before. A Special Note About Blood Draws: In some cases, police officers will request that a person suspected of DUI submit to a blood draw rather than a breath test. In these cases, the blood must be drawn by a qualified person in a manner that complies with certain rules and regulations. It will take a few days before the blood can be tested and your alleged alcohol concentration determined. As the results are not immediately known at the time of arrest or citation, the administrative license revocation does not begin as it would if you failed a breath test at a police station-your license will not be confiscated by the officer nor will you be given a temporary license. Instead, the officer will await the test results, complete a temporary license when he receives the results if they show you were over the legal limit and then forward your temporary license to the DMV. The DMV will in turn send you via certified mail a copy of your temporary license with your test results along with a letter advising you of the deadline by which you or your attorney must file your petition to challenge your administrative license revocation.

  22. Dunn & Stockman: In Nebraska, drunk driving is a serious crime with potentially serious consequences. An arrest can result in many financial, legal and social consequences that could negatively affect your life. If you are convicted, there may be serious consequences that could include jail time, license revocation, fines and probation time. These consequences only increase if you already have a previous DUI conviction.
  23. Khaleek Law Firm: Personal & Business Bankruptcy Litigation / Dispute Resolution Immigration and Deportation Defense Criminal Defense Divorce and Custody
  24. Ikelar, Thomas: If you've been arrested for a DUI or DWI you must contact an Omaha criminal defense attorney immediately. You have only 10 days from the date of the arrest to request an administrative hearing to challenge the suspension of your license.
  25. Johnson Law Offices: Drunk Driving and Traffic Offenses It doesn't matter if it is your first drunk driving (DUI/DWI/OWI) offense or your fifth. When you are charged with drunk driving there is more than just your driver's license at stake. Having a DUI conviction on your record can impact future employment opportunities. While the stakes are even higher for aggravated drunk driving and subsequent DUI offenses, having an attorney represent you even in your first offense can help you negotiate plea terms and find weaknesses in the state's case against you.
  26. Copple, Rockey & McKeever: * White collar crimes such as fraud and embezzlement * Manslaughter * First degree murder * Sexual assault * Juvenile criminal matters * Computer Crimes * Property Crimes * Weapons Violations * Drug Crimes * DUI/DWI/Drunk Driving
  27. Whelan Law Office: # Criminal Law * Federal Crimes * Felonies * Misdemeanors * Drunk Driving Charges
  28. Tighe Law Firm: criminal defense and personal injury
  29. Rowen, Thomas: DUI’s are a very scary thing. In most instances, the offender simply made a mistake in deciding to drive after drinking. There are always constitutional issues in a DUI case for which you will need an attorney. If you do an internet search on the Department of Motor Vehicles website you can obtain a good background of the DUI laws in Nebraska. An attorney will help you understand those laws and guide you through your case.
  30. Kelly, Brendan: General Criminal Penalties for Most Common DUI Offenses First Offense Jail Sentence: Probation Sentence: - 7 to 60 days in jail - 60-day license revocation - 6-month license revocation - $400 fine - $400 - $500 fine First Offense with an Alcohol Concentration of .15 or Higher Jail Sentence: Probation Sentence: - 7 to 60 days in jail - 1-year license revocation - 1-year license revocation or Impoundment - $400 - $500 fine - $500 fine - 2-days in jail or not less than 120 hours UPS Second Offense Jail Sentence: - Probation Sentence: - 30 to 90 days in jail - 10 days in jail or not less than - 1 year license revocation 240 hours of UPS - 500 fine - 1 year license revocation - $500 fine Second Offense with an Alcohol Concentration of .15 or Higher Second Offense with an Alcohol Concentration of .15 or Higher Jail Sentence: Probation Sentence: - 90 days to 1-year in jail - 30 days in jail - 1 year to 15-year license revocation - 1 - 15 year(s) license revocation or impoundment or impoundment - up to a $1,000 fine - $1,000 fine Third Offense Jail Sentence: Probation Sentence: - 90-days to 1-year in jail - 30 days in jail - 15-year license revocation - 2 to 15 year license revocation - $600 fine - $600 fine Third Offense with an Alcohol Concentration of .15 or Higher Jail Sentence: Probation Sentence: - 180-days to 5-years in jail - 60 days in jail - 15-year license revocation - 5 – 15 year license revocation - Up to a $10,000 fine - $1,000 fine
  31. Bianchi, Michael: Because a Guilty Plea is Not Your Only Option The first thing anyone who has been charged with DUI should do is send in a request for an administrative hearing. Your administrative hearing (ALR) only deals with the immediate revocation of your driving license, but if you fail to request a hearing, you can not challenge the immediate revocation of your driving privileges. When it comes to fighting your criminal charges, it is important to understand that DUI law has changed almost annually for the last ten years. The laws continue to become stricter, to the disadvantage of the motorist. As the law becomes more complicated and far more penalizing, it becomes even more critical that you have an attorney who knows when and how to fight versus when to negotiate a plea. Aggravated Drunk Driving and Additional Penalties In certain circumstances, a DUI carries increased consequences. Nebraska also has aggravated drunk driving charges for drivers whose BAC was .15 or more. Did you know that a first time offender may be required to do jail time? And if you have a commercial driver’s license (CDL), the consequences are especially grave. Regardless of what vehicle you were driving at the time of the DUI, your second offense may result in permanent suspension of your CDL.
  32. Reisinger Booth & Associates: A DUI/DWI conviction in Nebraska carries severe fines and penalties. Depending on their Blood Alcohol Content (BAC), first-time offenders face seven to 60 days of jail time, a fine of $400 to $500, and license revocation of 6 to 12 months. The fines and penalties increase with every subsequent offense.
  33. McGough Law: MIRANDA WARNINGS An area of confusion for many of our Nebraska clients who have been arrested and charged with a crime has to do with “Miranda” warnings. Therefore, as a service to our Nebraska criminal defense clients and prospective clients, we offer answers to the following frequently asked questions: What is a Miranda warning? A Miranda warning advises individuals of their constitutional right not to answer questions that would incriminate themselves and to have a lawyer present before answering any questions. If I am not under arrest, do I have to answer a police officer’s questions? No. Unless you are placed under arrest you are free to leave at any time. However, if a police officer stops you while you are walking, and asks you for identification, it is probably in your best interest to provide such information. The courts have allowed police officers to detain people for extended periods of time in an effort to determine the identity of the individual.
  34. Nelson Law: After a defendant has been arrested, he will be scheduled for an arraignment. The defendant may have been released on bail or his own recognizance, or he may have been required to remain in jail until his arraignment. An arraignment is a proceeding whereby the offense that the defendant is charged with is read to him and he enters a plea to the offense charged.
  35. McGaughLaw: DUI (Driving Under Influence) offenses carry serious penalties. Jail time, loss of your driver's license, and a stiff fine or lengthy probation are all possible sentences you may face. You need aggressive representation from someone who understands DUI cases, and who is not afraid to stand up in court to protect your interests. If you are charged with DUI, you will most likely face two separate battles: one before the Department of Motor Vehicles, and another in front of the Criminal courts.
  36. >Matthew Knoblauch: DUI/DWI Being ticketed and arrested for a DUI/DWI is a scary situation. Conviction of a DUI/DWI can lead to: # fines # restricted or suspended license # mandatory DUI/DWI education classes # probation # community service # jail time You need an experienced attorney to represent you. Though you can contest a DUI/DWI charge yourself, Matt Knoblauch‚s representation will help make sure you know your rights and fight to lower the penalties related from a DUI/DWI. DWI and DUI Driving While Intoxicated or Driving Under the Influence (DWI or DUI) is one of the most common criminal charges faced by the average person. Police officers enforce DWI laws strictly, and it is easy to be wrongly accused. Penalties for DWI cases have also become more and more severe in recent years: a person charged with a second DWI can face up to a year in jail and a $4000 fine. Deferred adjudication is specifically disallowed in DWI cases. If your license is suspended because of a DWI violation, you will have to pay $1000 a year for three years to be able to drive. If you have been arrested for Driving While Intoxicated, you need an aggressive criminal defense lawyer with the knowledge and experience to hold the state to its burden. What about my license? If you are arrested for a DWI, call a lawyer immediately. You have a limited time to contest the revocation of your license, and the results of a revocation hearing can help you in the criminal case later on. DWI penalties Penalties for Driving While Intoxicated are becoming increasingly severe. The punishment depends on the circumstances of the arrest: * First Offense: A fine not to exceed $2,000 and/or the possibility of jail time from 3 days to 180 days, as well as a driver's license suspension of 90 to 365 days (class B misdemeanor) * Second Offense: A fine not to exceed $4,000 and/or jail from 30 days to one year, as well as a driver's license suspension ranging from 180 days to 2 years (class A misdemeanor) * Third Offense: A fine up to $10,000 and/or 2 to 10 years of imprisonment, as well as suspension of your driver's license ranging from 180 days up to 2 years (third-degree felony) * First Offense with an Open Alcohol Container: In addition to the penalties referenced above for a first offense, you face a minimum of 6 days in jail and a fine of no more than $2,000 (class B misdemeanor) * DWI with an Accident Where Serious Bodily Injury Occurred as a Proximate Cause of the Intoxication (Intoxication Assault): A minimum of 2 years up to a maximum of 10 years in jail and a possible fine of up to $10,000 (third-degree felony) * DWI Where a Death Has Occurred as a Proximate Cause of the Intoxication (Intoxication Manslaughter): A maximum fine of $10,000 and/or imprisonment from 2 to 20 years (second-degree felony)
  37. Jeff Courtney: Adverse consequences may apply for failure to act quickly. For instance, if you are charged with driving under the influence, you will lose your driving privileges for 12 months unless you request a hearing within 10 days.
  38. Alan Stoler: You should consult an attorney for individual advice regarding your own situation.
  39. Robb Gage: DUI convictions are reaching record highs in Omaha. In the past, most DUI drivers in Omaha, Nebraska had to sit out their no license periods with no work permit or interlock permit. Because of recent legislation in Nebraska, drivers who receive dui’s in Omaha or across the state are likely eligible for the ignition interlock device. Ignition interlock is a technology that allows courts and probation officers to monitor the driving and drinking habits of probationers. Praised because it allows DUI drivers to keep driving but prevents them from driving drunk. In one sense it allows the drunk driver more freedom by allowing driving, and, in another sense, it tightens the reins on drunk drivers by preventing drunk driving. Here’s how it works. A DUI driver arrested in Omaha, Nebraska is found guilty of DUI. At sentencing, the driver hires an Omaha DUI lawyer who can request that the defendant be ordered to install the ignition interlock. After a short waiting period of either 30 or 45 days, the defendant may apply for the ignition interlock license. What is necessary to accomplish that is 1) a court order authorizing the license and 2) a certificate of installation from an approved installer.
  40. Casey Quinn: Promptly hiring an experienced lawyer is important if you have been charged with DUI / DWI.  Your auto insurance rates can go up, and you may lose your license.
  41. W. Russell Bowie: Nebraska's limit for drunk driving is .10. There is no lower standard for impaired driving, although convictions are possible just on the officer's opinion of intoxication. Refusal to take the breath, blood or urine test is the same as flunking, except that you will also lose your driving privileges for a year. Once an officer directs a breath test, you cannot opt for a blood or urine test.
  42. Holthaus Law Office: Have you been arrested? Discuss your case with an experienced Criminal Defense Attorney prior to making decision that may affect your future.
  43. Tom Peterson: If you are stopped by a law enforcement officer and suspected of drunk driving, you will probably be asked to take some type of test to determine your blood alcohol level. In Nebraska you are required to take a preliminary breath test and an intoxilyzer test, however you are not required to take other field sobriety tests such as touching your finger to your nose. If you refuse to take the intoxilyzer, you will have you license suspended for one year, regardless if you were drunk or not. While it is important that you do not make any incriminating statements to the officer, you should always act in a courteous and respectful manner to the investigating officer. This information is general and should not be used for legal purposes. Always consult an attorney before pursuing any legal matter.
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