The law establishes a legal limit for blood alcohol concentration (BAC), which is often an important part of a drunk driving arrest. It is true that people who are not over the legal limit can still face charges. Police may believe that someone is showing clear signs of impairment even with a BAC that is under the limit, for example, or they could be impaired by marijuana or prescription drugs that will not show up on a breath test.
But in most cases, the limit is so important because it can be used as evidence to demonstrate that the driver was impaired at the time. The general legal limit in Nebraska is 0.08%, the same as it is in other states. Exactly how many drinks it takes a person to reach this level will differ for everyone, based on factors like weight or gender, but that is the standard that applies.
Exceptions to the rule
There are two main exceptions to this rule. The first is for commercial drivers. They have a stricter standard to follow, as their legal limit is 0.04%. Violating this can also be highly problematic because a commercial driver could lose their CDL and be unable to work.
The second exception is for underage drivers who are under 21 years old. They should not be drinking at all, so their legal limit is set at just 0.02%. Often, this means a young driver would only need to have a single drink, if that.
Defense options
Are you facing drunk driving charges in Nebraska this year? It is critical that you know exactly what the potential ramifications look like, what standard you are being held to, and what legal defense options you have at this time.
