Getting pulled over after having one too many drinks can be life changing, and understanding the ramifications are essential. While the typical terminology you often hear is DUI, there is actually another charge you could be faced with in Nebraska depending on what is found in your system. This article will look at the difference between a DUI and a DWI in Nebraska, and how being found guilty of these offenses will change your circumstances.
The Basics
The acronyms can be a little confusing, so let’s start with understanding what each charge means. A DUI means “driving under the influence,” and refers to being found driving while under the influence of alcohol.
On the other hand, a DWI is a term you don’t see in every state. In Nebraska, it means “driving while impaired,” and is expanded to include both alcohol and drugs as the cause of the charge. While these two terms technically mean different things, they are lumped together in Nebraska and aren’t seen to have significant legal differences.
How a DUI/DWI Is Determined
Testing for blood alcohol content is very straightforward and is usually one of the key indicators that informs law enforcement if you should be charged with a DUI. If you test at 0.08% or higher, you will be confirmed as having been driving under the influence.
However, testing to see if someone has been driving while impaired isn’t quite as clearcut. While a BAC will be assessed anyway, it’s usually up to the officer’s judgement as to whether you are under the influence of drugs.
Stiff Penalties Either Way
For your first DUI/DWI offense, you will face up to two months in jail, a fine of several hundred dollars, and will lose your driver’s license for up to six months. Second and third offenses come with significantly steeper penalties. The process of getting your license back involves the completion of classes and paying a reinstatement fee. Oftentimes you might be eligible for an ignition system for your car, which requires you to essentially take a breathalyzer test every time you drive.
As drug laws continue to change in each state, the process for differentiating between the two charges will probably become more clear. If you have been convicted of a DUI/DWI in Nebraska and aren’t sure what to do, contact Inkelaar Law today. We can explain the process and help answer all of your questions.
