If you’ve been charged with driving under the influence (DUI) for the first time in Nebraska, one of your biggest concerns may be whether you’ll end up behind bars. The short answer is yes, you could. Jail time is a very real possibility, but it’s not guaranteed. It all depends on the specifics of your case.
A first-time DUI in Nebraska is generally classified as a misdemeanor. The law provides for a jail sentence as one of the possible penalties, but that doesn’t mean everyone ends up doing time. You may be placed on probation instead of going to jail. Probation often comes with conditions like fines, license suspension, alcohol education classes and the use of an ignition interlock device.
Certain circumstances can increase the likelihood of jail time
As mentioned, not all first-time DUI cases are treated the same. The presence of aggravating factors in your case can make jail time more likely. They include:
- A particularly high blood alcohol concentration (BAC) level
- Refusing a chemical test to measure your BAC
- Causing a crash while drunk driving
- Having a minor in the vehicle while driving under the influence
These factors can raise concerns about public safety or show a disregard for the law, making judges more likely to impose jail time as part of the sentence. Even then, serving time is not a foregone conclusion.
Why strong legal guidance matters
The outcome of your case often hinges on how the facts are presented, whether evidence can be challenged and the strength of your defense. Don’t take chances by going alone when your freedom and future are at stake. Having someone who understands Nebraska’s DUI laws can make all the difference, whether it’s negotiating for probation, reducing penalties or fighting for a dismissal.
