DUI’s And Your License
If you have been charged with a DUI or drunk driving offense in eastern Nebraska or anywhere across the state you need to consult Bianchi Law. Every minute you hesitate is one second that our team cannot use to prepare your defense and protect your freedom, finances, and reputation. Since 1989, we have helped people in your exact same situation, so we know exactly what to do to help you out when it comes to DUI’s and your license.
Contact Mike Bianchi For Help
Implied Consent
When someone chooses to get a driver’s license in Nebraska, that person accepts a number of stipulations the consequences of which are not always immediately apparent. One such Nebraska DUI law concept is “implied consent.” Most of us learn of the Implied Consent Law when we got our Nebraska operator’s license. Implied consent means that when a driver in Nebraska operates a vehicle on any road or place to which the public has access, he is deemed to have given advance permission to any law enforcement officer who has stopped him to test him to see if that person is under the influence of drugs or alcohol.
60-6,196. Driving under influence of alcoholic liquor or drug; penalties. :
- It shall be unlawful for any person to operate or be in the actual physical control of any motor vehicle:While under the influence of alcoholic liquor or of any drug;When such person has a concentration of eight-hundredths of one gram or more by weight of alcohol per one hundred milliliters of his or her blood; or
When such person has a concentration of eight-hundredths of one gram or more by weight of alcohol per two hundred ten liters of his or her breath.
- Any person who operates or is in the actual physical control of any motor vehicle while in a condition described in subsection (1) of this section shall be guilty of a crime and upon conviction punished as provided in sections 60-6,197.02 to 60-6,197.08.
Sobriety Tests
Under Nebraska law, a motorist who refuses a chemical test (this is the test usually done at a police station or hospital), automatically faces penalties equated with aggravated drunk driving where the penalties are more severe.
One important example of the potential realities of implied consent is the roadside sobriety tests. While a police officer cannot force a driver to take a test, refusal can be used as evidence in DUI criminal proceedings. If the driver is then convicted of drunk driving in Nebraska and he refuses to take a the chemical test the driver can lose their license for a year, and second and subsequent refusals can result in a suspension of 18 months.
Nebraska DUI laws are extremely complicated, and many of these laws fail to take into account the reality of life in 21st century America. Although society has changed, many of the laws have not, and quite often people get caught between the wheels of justice and suffer excessively for the crimes they may or may not have committed.
60-6,197. Driving under influence of alcoholic liquor or drugs; implied consent to submit to chemical test; when test administered; refusal; advisement; effect; violation; penalty. :
- Any person who operates or has in his or her actual physical control a motor vehicle in this state shall be deemed to have given his or her consent to submit to a chemical test or tests of his or her blood, breath, or urine for the purpose of determining the concentration of alcohol or the presence of drugs in such blood, breath, or urine.
- Any peace officer who has been duly authorized to make arrests for violations of traffic laws of this state or of ordinances of any city or village may require any person arrested for any offense arising out of acts alleged to have been committed while the person was driving or was in actual physical control of a motor vehicle while under the influence of alcoholic liquor or drugs to submit to a chemical test or tests of his or her blood, breath, or urine for the purpose of determining the concentration of alcohol or the presence of drugs in such blood, breath, or urine when the officer has reasonable grounds to believe that such person was driving or was in the actual physical control of a motor vehicle in this state while under the influence of alcoholic liquor or drugs in violation of section 60-6,196.
- Any person arrested as described in subsection (2) of this section may, upon the direction of a peace officer, be required to submit to a chemical test or tests of his or her blood, breath, or urine for a determination of the concentration of alcohol or the presence of drugs. If the chemical test discloses the presence of a concentration of alcohol in violation of subsection (1) of section 60-6,196, the person shall be subject to the administrative license revocation procedures provided in sections 60-498.01 to 60-498.04 and upon conviction be punished as provided in sections 60-6,197.02 to 60-6,197.08. Any person who refuses to submit to such test or tests required pursuant to this section shall be subject to the administrative license revocation procedures provided in sections 60-498.01 to 60-498.04 and shall be guilty of a crime and upon conviction punished as provided in sections 60-6,197.02 to 60-6,197.08.
Driver’s License Suspension and Revocation
“Revocation” and “suspension”, in driver’s license lingo, do not mean the same thing, nor are the same penalties involved if you are charge with one or the other. The term “revocation” means that your driving privileges have been terminated either by the DMV or by a Court, usually as part of a sentence in a serious, traffic-related matter. Most of the time, Court ordered revocations are required under the law. At the end of the revocation period, the motorist may apply for reinstatement of driving privileges. The motorist must take a number of steps to get the license back including driver’s license testing and payment of a reinstatement fee (currently $125.00). If a license is “suspended”, the motorist has only temporarily lost the privilege to drive until he complies with all terms for reinstatement. In most cases, a suspended driver is eligible to get the license back immediately but must take some steps to do so. Checking with the Nebraska DMV either by phone or on-line can help answer what needs to be done to lift the suspension or revocation and when.
60-6,213. Reckless driving, defined. :
- Any person who drives any motor vehicle in such a manner as to indicate an indifferent or wanton disregard for the safety of persons or property shall be guilty of reckless driving
Sobriety Tests
Driving under revocation subjects a motorist to 6 months in jail and up to a $1,000.00 fine. Driving under suspension subjects the motorist to 90 days in jail and up to a $500.00 fine.
28-306. Motor vehicle homicide; penalty.:
- 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.
- Except as provided in subsection (3) of this section, motor vehicle homicide is a Class I misdemeanor.
- (a) If the proximate cause of the death of another is the operation of a motor vehicle in violation of section 60-6,213 or 60-6,214, motor vehicle homicide is a Class IIIA felony.(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 III 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 section60-6,196 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.
(d) An order of the court described in subdivision (b) or (c) of this subsection shall be administered upon sentencing, upon final judgment of any appeal or review, or upon the date that any probation is revoked.
- The crime punishable under this section shall be treated as a separate and distinct offense from any other offense arising out of acts alleged to have been committed while the person was in violation of this section.
60-6,214. Willful reckless driving, defined.:
Willful reckless driving is characterized by a deliberate disregard for the safety of others or their property. For there to be willful reckless driving it is not necessary that there be property damage or injury inflicted. Here, intentional or deliberate disregard for the safety or property of others was lacking, since there was no evidence of the presence of any persons or property subjected to danger in the area, and the defendant was only driving 36 m.p.h. in a 25-m.p.h. zone. State v. Douglas, 239 Neb. 891, 479 N.W.2d 457 (1992).
If you have been charged with driving while your license is revoked/suspended, your privilege to operate a motor vehicle is in grave jeopardy. Your life is seriously hampered if you cannot legally operate a motor vehicle in this mobile world of ours. While driving is, legally speaking, a privilege, it is one that most of us can’t live without. If you are charge with one of these or any other serious traffic offenses, don’t delay. Call Bianchi Law today.
28-905. Operating a motor vehicle or a vessel to avoid arrest; penalty; revocation or impoundment of operator’s license.:
- Any person who operates any motor vehicle to flee in such vehicle in an effort to avoid arrest or citation commits the offense of operation of a motor vehicle to avoid arrest.
- (a) Except as otherwise provided in subsection (3) of this section, any person who violates subsection (1) of this section shall be guilty of a Class I misdemeanor.(b)The court may, as part of the judgment of conviction under subdivision (a) of this subsection, order that the operator’s license of such person be revoked or impounded for a period of not more than one year and order the person not to drive any motor vehicle for any purpose in the State of Nebraska for a like period. The revocation or impoundment shall be administered upon sentencing, upon final judgment of any appeal or review, or upon the date that any probation is revoked.
- (a) Any person who violates subsection (1) of this section shall be guilty of a Class IV felony if, in addition to the violation of subsection (1) of this section, one or more of the following also applies:(i) The person committing the offense has previously been convicted under this section;
(ii) The flight to avoid arrest results directly and proximately in the death of or injury to any person if such death or injury is caused directly and proximately by the vehicle being driven by the person fleeing to avoid arrest; or
(iii) The flight to avoid arrest includes the willful reckless operation of the motor vehicle.
(b) The court shall, as part of the judgment of conviction under subdivision (a) of this subsection, order that the operator’s license of such person be revoked or impounded for a period of two years and order the person not to drive any motor vehicle for any purpose in the State of Nebraska for a like period. The revocation or impoundment shall be administered upon sentencing, upon final judgment of any appeal or review, or upon the date that any probation is revoked.
- (a) Any person who operates a vessel as defined in section 37-1203 to flee in such vessel in an effort to avoid arrest or citation for the violation of any statute punishable as a misdemeanor or any city or village ordinance shall be guilty of misdemeanor operation of a vessel to avoid arrest.(b) Any person violating subdivision (a) of this subsection shall be guilty of a Class I misdemeanor. Upon conviction thereof the court shall, as part of the judgment of conviction, order such person not to operate any vessel for any purpose for a period of one year.
- (a) Any person who operates a vessel as defined in section 37-1203 to flee in such vessel in an effort to avoid arrest for the violation of any statute punishable as a felony shall be guilty of felony operation of a vessel to avoid arrest.(b) Any person violating subdivision (a) of this subsection shall be guilty of a Class IV felony. Upon conviction thereof the court shall, as part of the judgment of conviction, order such person not to operate any vessel for any purpose for a period of two years.
- An order of the court under subsection (4) or (5) of this section prohibiting operation of a vessel shall be administered upon sentencing, upon final judgment of any appeal or review, or upon the date that any probation is revoked.
End The Nightmare With Mike’s Help
Drunk driving laws have changed and toughened significantly in the last several years and have become a web of confusion for even the more qualified criminal defense lawyer. This is no longer an area of law for a rookie lawyer. I have been handling DUI cases for 31 years in the greater Omaha area. If you would like to know what your next moves should be visit our page: Guide for First-Time DUI Offenders in Nebraska. The learn even more about consent laws and field sobriety tests go to our page: D.U.I.-Driving Under the Influence – Bianchi Law Firm. Put your trust in me; I will help you end the nightmare.
