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    3.  » DUI Frequently Asked Questions

A Drunk Driving Arrest Can Happen To Anyone

Facing DUI charges is stressful and overwhelming. It puts your future at stake and affects your loved ones too. Will you have to serve jail time? How will you live your life if your license is taken away? These questions come up for anyone who is unlucky enough to be accused of driving under the influence. It is important to have the help of a skilled attorney.

At John K. Green, Attorney at LawJohn K. Green, Attorney at Law, our team, including founding attorney John K. Green, is prepared to fight for you whether in court or outside it. You can rely on our experience and skill.

Common Questions About DUI/DWI

As a firm experienced in representing individuals accused of DUI, we are able to ease our clients’ minds by answering their questions.

Will I lose my license after DUI?
If you are arrested for driving drunk, you will surrender your license. You must request a hearing within 10 days of your arrest to appeal your license revocation, otherwise you will lose driving privileges for a time. The statutory suspension is six months for a first offense, one year for a second DUI, and one year for refusal of a breath test. A third DUI triggers license revocation for 2 to 15 years.

What are the penalties for a DUI?
The penalties can range from seven days to several years in jail, plus expensive fines and loss of driving privileges. You may also have to attend alcohol education classes or substance abuse treatment. The potential punishment varies with the facts of your case:

  • Previous DUI(s) on your record
  • The level of intoxication at the time of arrest
  • Aggravating factors such as causing a serious accident or driving with a child in the car

Will I have to get an ignition interlock device?
In many cases you can apply to have an ignition interlock device while your license is suspended. This device will test your breath for alcohol before allowing your car to start. If you have no prior DUIs, you can drive immediately once the interlock is installed. For a subsequent DUI, you must wait 45 days before you can drive with an interlock. If you refused the breath test, you must wait 90 days to get an interlock.

Are field sobriety tests valid?
Some field sobriety tests are recognized in court as valid indicators of intoxication. However, the test may have been improperly administered, or the testing equipment may have been miscalibrated, or the officer may have relied on invalid tests such as reciting the alphabet backward. If the field sobriety tests are not admissible, the subsequent arrest may not stand up in court.

Do penalties change if the driver is under 21?
Yes, the alcohol threshold and the penalties may be different. Nebraska’s Zero Tolerance law can suspend the license of an under-21 driver who has consumed ANY amount of alcohol (.02 blood alcohol content). But if an underage driver has a BAC of .08 or more, they are subject to the same DUI penalties as drivers who are over the legal drinking age.

Contact Us Today

To discuss your situation with an experienced DUI attorney, please call our Omaha office at 402-215-0549. Our team will be waiting to hear from you. You can also reach out through our online email contact form, and we will respond as promptly as possible.