How to Find Nebraska DUI Records
An individual if convicted of a DUI will have to pay for an alcohol assessment during a pre-sentence evaluation and attend an alcohol treatment program especially if it is ordered by a judge. The alcohol treatment program can cost anything over $3000 and will be at the expense of the person convicted of a DUI offense in Nebraska under the sub section -60 -6, 197.08.
In addition to the above penalties for a second or subsequent DUI violation the vehicles owned by the offender will be immobilized at the owner’s expense for a period of not less than five days and not exceeding eight months. A DUI can result in the suspension of the motor vehicle registration inclusive of the license plates. As an alternative option to the immobilization the court will require the installation of an ignition interlock device on each of the owner’s vehicles as stated in -60-6, 197.01
Nebraska Administrative License Revocation Law
The law enforcement officer is allowed to seize the license of a drunk driver on the spot when certain conditions are met as per the norms set by the Administrative License Revocation Law or the ALR. The Department of Motor Vehicles applies the Administrative License Revocation Law. The penalties that fall under the ALR are different from that of the penalties that are assigned by the court for a conviction of drunk driving exceeding 0.08%.
Penalties Due to DUI Violation & Motor Vehicle Crash
• Serious injury to another person: Class IIIA felony -28-105 & 60-6, 198. Maximum: 5 years in jail, 60 days to 15 year license revocation $10000 fine.
• Motor vehicle homicide: Class III Felony (with no DUI conviction history) -28-105 & 28-306 (3) (b) Maximum: 20 years in jail, 1 year to 15 year license revocation $25000 fine. Mandatory minimum: 60 days to 15 year license revocation, 1 year in prison. Class II felony (with DUI conviction history) – 28-105 & 28-306 (3) (c) Maximum: 50 years in jail, 15 year license revocation .Mandatory minimum: 1 year in jail.
Nebraska Driving Under the Influence (DUI) Law
• Alcohol BAC level 0.15 or higher: Class W Misdemeanor First Offense – 28-106 & 60-6, 197.03 (2) Maximum: 60 days in jail, 1 year license revocation Fine: $500 Mandatory Minimum: 7 days in jail, 1 year license revocation, Fine: $400. If probation: 1 year license revocation or impoundment; Fine: $500, 2 days in jail, or not less than 120 hours community service.
• Class I misdemeanor; Second Offense – 28-106 & 60-6, 197.03 (5) Maximum: 1 year in jail, 15 year license revocation, $1000 fine; Mandatory Minimum: 90 days in jail, 1 year license revocation; Probation: 30 days in jail, 1-15 year license revocation or impoundment, $1000 fine.
For more information about the penalties in Nebraska you can visit http://www.dmv.state.ne.us/.
Nebraska DUI Records
The Nebraska Department of Motor Vehicles stores the motor vehicle records and these are public records. Any organization or a person can request for a copy of the motor vehicle records from the department provided that the individual or the business organization that request for the records certifies that the usage fall under the category of “Exempted Uses” which are stated clearly in the “Uniform Motor Vehicle Records Disclosure Act”.
One can obtain a complete record of the motor vehicle from the DMV, if the vehicle is under litigation. If you wish to receive a copy of the motor vehicle record you can go ahead and contact the online services like AutoCheck, CARCO, Carfax or Auto Data Direct.
Information on a Motor Vehicle Record
A motor vehicle record contains vital information like the name of the driver, date of birth, physical appearance and the mail addresses. The motor vehicle records also contain the license status of a person, the name of the county in which it was issued, the date of expiry and any applicable endorsements and restrictions. It also depicts information on convictions related to traffic violations or DUI or driving privilege withdrawals.
Identity theft is the major reason why one should request for a copy of the driving record annually. If the driver license has been stolen, it would be a wise idea to go through the information.
You can request for the ‘Record of Arrest and Prosecution’ or the RAP sheet from the Nebraska State Patrol. The information in the RAP sheet includes dispositions and arrests. Dispositions are the outcome of adjudication procedure and it includes acquittals, convictions and convictions which are nullified through pardons.
The Nebraska State Patrol charges a processing fee of $15.00, which can be paid by cash, a cashier check, money order and personal check for each request of a copy of the RAP sheet.
You can mail your request to the Nebraska State Patrol, Criminal Identification Division, PO Box 94907, Lincoln, NE 68509, and Phone: 402 471 4545. You can also visit the official website http://www.nsp.state.ne.us/ for further details about the DUI records.
To Obtain a Copy of the Motor Vehicle Record
The application form to retrieve a copy of the motor vehicle record can be obtained from the official website of the DMV, which is http://www.dmv.ne.gov/dvr/http://www.peoplepublicrecords.org/vehrecreq.html. To request for a copy of the motor vehicle record the application form must be filled out completely and submitted to the DMV with a fee of $1.00 for each record.
If the requester is a business organization or an individual who request for a copy of the record and the reason matches the criteria mentioned in the “Exempted Uses” then they can also attach a required information list in addition to the application form and the fee. The list which mentions the required information and is submitted with the form is usually retained by the DMV.
The Department of the Motor Vehicle in Nebraska provides an electronic transfer of the records to those business organizations who are frequent requesters of the vehicle records. You can contact the Department of Motor Vehicles by visiting 301, south, 13th Street, Suite 301, Lincoln, NE 68508-2593, and Phone: 402 471 7810.
To increase your chances of acquiring the right records you need to provide certain identification details such as the motor vehicle number, the VIN number, the license plate number, the HIN number, the vehicle owner’s name, the make of the vehicle used as well as the year and model of the vehicle.
|