Законодательство Небраски: подробности наказаний за вождение в состоянии опьянения

Get the Facts: Nebraska laws on driving under the influence Omaha's New Leader sat down with a Creighton law professor to help you "Get the Facts" on what laws Nebraska has to address driving under the influence. Omaha's New Leader sat down with a Creighton law professor to help you "Get the Facts" on what laws Nebraska has to address driving under the influence. On average, 32 people are killed by drunk drivers every day across the country, according to the National Highway Traffic Safety Administration. It's a tragedy that hit the metro last week when a 10-year-old boy was killed after a crash caused by an alleged drunk driver. READ MORE: Memorial for 10-year-old boy has been set up at intersection of deadly crash Omaha's New Leader sat down with a Creighton law professor to help you "Get the Facts" on what laws Nebraska has to address driving under the influence. "My professional opinion, I would say Nebraska is actually pretty strict on DUI," Yvonnda Summers said. Summers, associate dean of student affairs and special faculty at Creighton's law school, said the justice system is balanced to offer second chances. First offense, DUI conviction - First DUI conviction is a Class W misdemeanor, according to state law - License can be revoked for six months - Offender could face jail time - Judge could order you to probation, which could include applying for the interlock program "Sarpy County has a diversion program," Summers said. "Douglas County will work with defendants on their charges. If this is a first offender, there are opportunities for them to charge under different statutes, such as reckless driving, which can still be considered a DUI, the way our statutes are written." Summers said if a pattern starts to develop, that is when punishments can become harsher. For each DUI conviction after your first, Summers said there is less wiggle room for judges and punishments can be based on the number of offenses and the level at which you are intoxicated. Second DUI conviction - Mandatory jail time of 30 days - If you blow below 0.1, the second conviction is also a misdemeanor and likely follows the same consequences as the first conviction. - If you blow 0.1 or above, your license can be revoked up to 18 months and you can face up to six months in jail. "If you have one conviction and you blow the 0.1, your license can be revoked up to 18 months, and then you can be jailed for six months," Summers said. Summers said continued offenses and higher levels of intoxication can also lead to a felony conviction. "If you stay at a Class W misdemeanor with your first two convictions, if you have a prior conviction but you have blown a 0.1, that then goes to a Class 1 misdemeanor," Summers said. "Once you have had two prior convictions and one of those has been where you have blown over a 0.1, that then upgrades you to a Class 3A felony." In situations where someone may have two pending DUI cases simultaneously, Summers said judges can take both cases into account when setting bond or in sentencing, but until you are convicted, it does not go on your record. "If you have a DUI pending, when you pick up another one, that first DUI will not be used against you as if you've already had a conviction on your record," Summers said. "With bonds, the safety of the public is important. Sentencing, the safety of the public is important. And so, the judge is allowed to consider those DUI charges that aren't quite convictions yet. If by the time you are convicted of your second offense you had been convicted of that first offense, the judge can take it into account on the sentencing range that they, that they give you, but it does not go on to account on your record. It just looks like two separate first-offense DUIs." If you continue to be convicted of driving under the influence, you could lose your license for 15 years following your latest conviction, Summers said. Anyone charged with a DUI can still be charged with other crimes on top of the DUI in situations law enforcement and prosecutors deem it necessary, like when someone causes a crash, a death or damage to property. To read the Nebraska state statutes regarding DUIs, click here. Make sure you can always see the latest news, weather, sports and more from KETV NewsWatch 7 on Google search. NAVIGATE: Home | Weather | Local News | National | Sports | Newscasts on demand |