DUI / DWI PENALTIES
The penalties potentially suffered by a person convicted of driving under the influence include both civil [also called administrative] penalties and criminal penalties. Civil penalties are focused on the loss of the privilege of a driver's license. That is, the ability to lawfully operate a motor vehicle anywhere within the State of Nebraska. This loss of a Nebraska license almost always affects a person's ability to obtain a driver's license in other states as well. Criminal penalties, while also including the loss of a driver's license, are focused on actual punishment. This includes potential jail time, monetary fines, community service hours, and mandatory drug or alcohol rehabilitation.
The penalties are imposed based on a number of different factors. The starting point is the degree of intoxication which impaired your ability to legally drive a vehicle. This is normally measured as the amount of alcohol which is evident in your breath or blood. This is an extremely technical area of specialized science which is far beyond the scope of this brief article. However, for our purposes the dividing line is .15. The criminal penalties are based in substantial part on this figure. A BAC in excess of .15 is considered an "aggravated" violation.
For our basic purposes, the second factor is the number of prior convictions, if any, a person has on their criminal record. Naturally, then the crimes are charged as 1st, 2nd, 3rd, 4th and even 5th offenses.
Simply explained, for a person who is arrested for driving under the influence for the first time with a BAC in excess of .15, the offense charged is labeled a 1st aggravated DWI. A person who has been previously convicted of a DWI / DUI, and is arrested but is shown to have less than .15 BAC, the offense probably will be charged as a simple 2nd offense.
OUR SERVICES
Obviously every case is different based on its own unique facts and circumstances. No single set of things can accurately predict what may or may not be appropriate any other specific case. However, with that said, our general approach to a client's case includes the following:
- Investigating the circumstances and reasons your vehicle was stopped. If the facts support a legal challenge to the actual stop of the vehicle from which the arrest was made we will aggressively challenge the stop of the vehicle. The threshold to any potential conviction.
- Investigating and challenging the sufficiency of the peace officer's training, his or her knowledge in not only the laws allowing the of stopping your vehicle, but also the laws related to driving while intoxicated, as well as the use and operation of whatever testing equipment, if any, was employed in your arrest.
- Investigating and challenging the mechanical and physical condition of any testing equipment employed, as well as the testing equipment's maintenance records and the accuracy of its calibration.
- Investigating and presenting by and through the rules of procedure and rules of factual evidence, as available, which shows both technical and substantive reasons why the crime as charged is not provable. This is done not only at any potential trial of the crime, but also in negotiating with the prosecutors a just result in the case.
- While most cases are resolved by an agreement between our firm and the prosecutors as to the disposition of the case, with the agreement of our client, we are known to be lawyers who are ready, willing and able to try cases successfully. Because we are experienced in the actual trial of cases, and routinely do try cases, we are able to more effectively negotiate with prosecutors when necessary.
- We also assist our clients with the privilege of a driver's license. We assist clients in maintaining their licenses, as well having their driving privileges restored, if in some instances only for occupational / work purposes.
- We also assist clients in having their criminal records expunged. In some instances this includes obtaining a pardon of the prior offense.
Like your case, our services are unique to every client.
The only thing all our clients share is our pledge to
aggressively represents each client to the fullest.
