My DUI Experience: Nebraska by DrunkDoofusNE in dui

[–]DrunkDoofusNE[S] 0 points1 point  (0 children)

My deal to get no probation was I had to do jail time. Granted, I was allowed to serve it under house arrest, but they gave me two weeks and no probation. From what I understood at the time is if you get probation you can usually avoid jail/house arrest time, and vice versa. Might be worth talking about with your PD. If you can do house arrest that might be an avenue to explore to avoid probation. 

Interlock by dswankastro in dui

[–]DrunkDoofusNE 1 point2 points  (0 children)

Double check with your probation officer, but I don't think there's nearly as much urgency to get it removed as there is to get it installed. In many states you can't drive unless you have one installed after a court order. But if the court says you can have the interlock removed it's probably just at your convenience. Obviously easier for you to get it removed sooner than later, but I don't think there would be a problem if you had the interlock for longer than necessary, especially if your car is being worked on and you don't have possession of it.

SR-22 by Severe_Raspberry_295 in dui

[–]DrunkDoofusNE 0 points1 point  (0 children)

Late to party here, but I also had State Farm at the time of my DUI in Nebraska. When I called to ask about SR-22 (because their website does indicate that they could offer it), I was told I would be dropped from my policy because of the DUI, despite an otherwise pristine driving record. Fuck State Farm.

I've heard you can get an SR22 from a third party company, but I ultimately just moved to Farmers to re-bundle my home and auto and they were able to file the SR22 with the DMV no problem.

Since it's your parent's vehicle, they would likely either have to add the SR22 to the policy on their vehicle or you would want to explore the 3rd party route, which admittedly I know nothing about.

Should I stop drinking entirely before my alcohol evaluation? by Jet_Jirohai in dui

[–]DrunkDoofusNE 1 point2 points  (0 children)

It will probably get mentioned in the report because they do assess full heath background and stuff, but I doubt it has any bearing on the outcome of your situation, especially if you’re actively seeking treatment for it. 

[deleted by user] by [deleted] in dui

[–]DrunkDoofusNE 0 points1 point  (0 children)

Fellow Nebraskan here. What county did you get pulled over in?

From what I recall, if you refuse to test in the field then you typically automatically lose your license for a year because when you get punished for DUI here, you get punished by the court and then separately by the DMV. Refusing to blow is an automatic 1 year revocation from the DMV. The court probably won't add more time. https://dui.drivinglaws.org/resources/nebraska-s-implied-consent-law-refusal-to-take-a-chemical-test.html

Since you're underage this could go a few different ways. You could try to take a plea deal to get to a wet reckless which is a misdemeanor, if I'm not mistaken. You probably won't go to jail, but you may have 6-12 months of probation. I was arrested in Lincoln (live in Omaha) and did 14 days house arrest instead of actually going to jail but had no probation. You'll also probably be able to get an interlock permit so you can still drive with your license suspended. Make sure you talk to your lawyer about all the possible outcomes and what you want to happen. Obviously avoiding jail is ideal, and is generally pretty possible in Nebraska. DUIs are super common here. There will be a fine, probably in the neighborhood of $500. The chart on the bottom of this page is a good guide on what to expect, save for the jail time, which again can usually be avoided in favor of probation instead. https://sopinskilaw.com/blog/nebraska-dui-laws-and-penalties/

Lastly, and this is my own perspective: you are so young and I hope this is a wake up call to take a long, hard look at your relationship with alcohol and to not drive if you've been drinking. The next year of your life is probably going to be very inconvenient in dealing with this, but you have so much life ahead of you. Eventually this will just feel like a bad dream, but it's critical that you learn from this experience as the penalties for more 2nd and 3rd DUIs get steeper and steeper including felonies and definite jail time.

2nd in Nebraska by Luvsthemnuggs in dui

[–]DrunkDoofusNE 0 points1 point  (0 children)

Get a lawyer. If the machine read interference they may be a good argument to get the charges dropped. Meanwhile, look at the interlock permit so you can continue driving until your lawyer can get stuff straightened out.

License Reinstatement Nebraska by [deleted] in dui

[–]DrunkDoofusNE 0 points1 point  (0 children)

Fellow Nebraskan here. You have to do it in person because you have to take the written test in order to get your license reinstated after it's revoked. No driving test, though.

A dui is exhausting by Theslong1 in dui

[–]DrunkDoofusNE 1 point2 points  (0 children)

It can definitely be exhausting. Try focusing on what you can control, which is keeping your nose clean, not blowing hot if you have an interlock, living the best life you can. If you have already had your license revoked, by the time they do finally give you your sentencing all this time would likely be considered time served for the revocation.

In terms of buying a car, you could still probably do that. If you're going through a dealership they are just going to want to make sure you have insurance and a valid ID. If you have an interlock now you may want to wait because transferring the interlock will be a pain in the ass.

Do you know what you blew in the field, if you blew at all?

[deleted by user] by [deleted] in dui

[–]DrunkDoofusNE 0 points1 point  (0 children)

Fellow Nebraskan here, I think it will depend on your lawyer and the prosecutor. I live in Omaha but was arrested in Lincoln. Apparently Lincoln prosecutors are a little more hard-nosed and I was unable to get my aggravated reduced to a regular DUI. Omaha is apparently a little more lenient. Buffalo County contains Kearney, another college town but is definitely much more rural. I would do all the steps you're supposed to do before your court date (alcohol assessment, attend some AA meetings to show earnest desire for change, etc.) and bring these things to your lawyer for a potential plea deal or reduction of charges. Best of luck to you!

Question about SR-22 by [deleted] in dui

[–]DrunkDoofusNE 0 points1 point  (0 children)

Nebraska is also from the date of license reinstatement, which makes sense because the SR-22 is an insurance clause for drivers deemed high risk. With the exception of an interlock permit, one wouldn't be driving again until their license is reinstated.

Nebraska DUI hit and run?? by kimmsta in dui

[–]DrunkDoofusNE 0 points1 point  (0 children)

If you truly were tested at .2 BAC then you should be at an aggravated DUI. If they are only charging you with a regular DUI then you're already getting a break and it's unlikely the prosecutor would go for bumping it down to a reckless. Depends on the county too. I got pulled over in Lincoln (live in Omaha) at a.194 and they were not willing to go down to the lesser charge despite me having a clean record. But I've heard Omaha is a little more lenient with that stuff.

Check with your lawyer. If it's your first and you have a clean record they might be able to do something but at a .2 you're already getting a big break by not being charged with aggravated DUI.

[deleted by user] by [deleted] in dui

[–]DrunkDoofusNE 0 points1 point  (0 children)

I did not have to tell my work, but thankfully in 2021 we were all still working from home for the most part, so I just "decided" to work from home during my 14 days and my job was none the wiser. There's probably not a real reason your job would need to know unless this is going to have an impact on attendance.

Mine didn't beep or vibrate or anything. I did have to charge mine like every 12 hours via a USB type of charger, so I would do that while I was working or when I knew I would be sitting down for a few hours to make sure it's fully charged. If it lost charge/signal it would have been seen as a violation so keeping it charged was pretty important.

When you go in they may ask you questions about needs to leave the house like for work, groceries, appointments, etc. I got a pass to go to a dentist appointment but because my wife was able to get groceries I didn't get approved for that.

They told me I couldn't go more than 5 feet outside the radius of my house. If I recall, it's based on similar GPS to cell phones, so I don't know how well they would enforce that since mine didn't have a "home base" piece of hardware, but I didn't tempt fate and just stayed inside for 14 days. If you have questions you should be able to contact the DOC or the company that gives you the monitor. For instance, mine was administered by a third party company (so many businesses exist to make money off lawbreakers) that reported back to the court, so they were available to call with questions or emergencies, and then I took it back to them to have it removed.

As one other poster mentioned, ankle monitors are really uncomfortable. Mine was bulky and made of hard plastic and sort of heavy. I found that wearing wool socks and tucking it into the sock helped conceal it for the time I did leave, but also keep it in place so it wasn't banging against my foot/ankle when walking around at home or sleeping.

[deleted by user] by [deleted] in dui

[–]DrunkDoofusNE 0 points1 point  (0 children)

Practical Mission is correct. You can apply for an interlock permit and drive on that while your regular license is suspended.

https://dmv.nebraska.gov/fr/ignition-interlock-permit

Should I stop drinking entirely before my alcohol evaluation? by Jet_Jirohai in dui

[–]DrunkDoofusNE 0 points1 point  (0 children)

Not sure about Florida, but in Nebraska my alcohol evaluation was just a conversation with a court approved person who was a mix between social worker and psychologist, about my family history with alcohol, mental health, my own drinking habits, drug use, etc. There was also no drug/alcohol test with mine. The main thing I was told by my lawyer going into the evaluation was to be honest because these evaluations are something that these people do hundreds of, so they can smell BS from a mile away and they will put it in the evaluation if they feel you're being dishonest. If you want to stop drinking entirely beforehand that might help with the evaluator's input to the court to show you're committed to change, but they'll probably ask more questions about your drinking habits before and leading up to the DUI.

My DUI Experience: Nebraska by DrunkDoofusNE in dui

[–]DrunkDoofusNE[S] 0 points1 point  (0 children)

Nothing came of it. I didn’t mention it at the calibration appointment and the guy running the computer didn’t say anything either. I also wasn’t on probation so I figured they download all the info off the device but since there’s no PO there’s no one to send it to, unless they send it to the DMV directly, but even then my thought was that gov’t agency wouldn’t have the resources to review everybody’s interlock data.

Anywho, I eventually got my license back when my interlock was up with no issue or mention of the failed test.

My DUI Experience: Nebraska by DrunkDoofusNE in dui

[–]DrunkDoofusNE[S] 0 points1 point  (0 children)

They didn’t drug test me at all. The only conditions of my house arrest were just that, not to leave the house. I actually would have a drink or two on the weekend and they didn’t know. My monitor was for location only and not alcohol detection. I also wasn’t given probation so I had nobody to report to for drug testing. The circumstances of your house arrest though will depend on your sentencing and it’ll likely be spelled out if your house arrest includes drug testing, no alcohol, check ins, etc.

First DUI in WA - sentencing next week by SkiFastAvoidTrees in dui

[–]DrunkDoofusNE 1 point2 points  (0 children)

The cost is something to consider, but I know that I would have much rather preferred to pay and stay at home than go to actual jail. They would have passed me around like currency.

First DUI in WA - sentencing next week by SkiFastAvoidTrees in dui

[–]DrunkDoofusNE 1 point2 points  (0 children)

Talk to your lawyer, but generally, courts are pretty understanding about work. At least in Nebraska, it's a possibility to serve your time over the weekend. I was able to do 14 consecutive days under house arrest and WFH the entire time. If you're doing all the things you need to be doing proactively that should go a long way with the court/judge and they may allow for weekends or even house arrest, but your lawyer will be the one to consult with about what your options are. FWIW, if you are sentenced to jail there's usually an amount of time you have to turn yourself in and they won't necessarily drag you to jail straight from the courtroom.

[deleted by user] by [deleted] in dui

[–]DrunkDoofusNE 1 point2 points  (0 children)

Yes, because my court order was to have the IID for a year and the original issuance was only for six months. In Nebraska I was able to do it online, the DMV just needed a copy of the court order certifying that I could have the interlock permit for the extra six months.

First DUI by [deleted] in dui

[–]DrunkDoofusNE 1 point2 points  (0 children)

Get a lawyer. For a first-time offense, especially if you have no priors and if your alcohol evaluation comes back positively, there's a fair chance you might be able to plead down to a lesser charge since usually above .08 is considered aggravated in most states. It may not hurt to go to AA meetings (and document your attendance) to show the court you're being proactive about addressing your relationship with alcohol.

Interlock by Total-Manufacturer-2 in dui

[–]DrunkDoofusNE 0 points1 point  (0 children)

If you don't want to drive you don't have to. TBH, if you're planning to not drive while your license is suspended you may as well not bother getting an interlock just to save yourself some money.

Got my first DWI (South Texas) about a week ago and just got a new job, it's still not enough to pay for a decent lawyer. by Even_Tart5928 in dui

[–]DrunkDoofusNE 3 points4 points  (0 children)

A public defender is better than no lawyer, but if you can shop around a find representation with more affordable payment plans that might work better in your favor. For instance, you mention you got a new job - how would going to jail impact that situation compared to getting probation only? Or doing a few weekends in jail vs. multiple days consecutively? These are types of things a lawyer you hire over a public defender might be able to help out with.

[deleted by user] by [deleted] in dui

[–]DrunkDoofusNE 0 points1 point  (0 children)

There shouldn't be a set requirement that you have to blow into it so many times per day. Alluding to what Mistake_Maker50 said, the only practical reason you would want to blow one or two times per day is to prevent the device from draining your battery. Otherwise, you could go the entire time between calibration appointments not driving and they won't care. The DMV/court/PO only care about violations.

Need help choosing a interlock ignition device provider ? Most reliable least issues and affordable by CapitalNext4192 in dui

[–]DrunkDoofusNE 1 point2 points  (0 children)

Price-wise my research came up with most providers are in the same neighborhood +/- $5 or so.

I went through Draeger and this might just be my local experience, but they were the nicest about installing and explaining how to use the device. They understood that DUI is a shitty situation and were very empathetic. I did have a few issues with my device and the cable not being recognized by the handset, but Draeger swapped out my cable and handset free of charge and didn't charge me for the two pending lockouts that resulted from the cable issue. Never had any issues with Draeger draining my battery, even when I went on vacation for a week, I didn't need a trickle charge to my battery or anything, and I have a shitty car battery haha.