What To Do if You're Faced With an OUI/OWI Charge

Each state has a different name for a drunk driving arrest. For example, some states refer to this charge as a DUI or DWI, while other states refer to it as an OUI or OWI, which stands for operating under the influence or operating while intoxicated.

Regardless of the name, this type of criminal offense can be very serious, especially if someone is killed as a result of a driver who is impaired, resulting in a wrongful death lawsuit. If you’re faced with an OUI/OWI charge, your first step is to hire an OWI attorney, who will provide you with the possible fines and penalties if you are convicted.

In Nebraska, the legal limit for an adult driver of a car or truck is a blood alcohol concentration (BAC) of 0.08% or higher. The limit for a driver younger than 21 is 0.02% or higher, and the limit for a commercial truck driver is 0.04% or higher.

The fines and penalties for a conviction for impaired driving include:

• 1st Offense – 10 days in jail, $500 fine, six-month license suspension. You may obtain restricted driving privileges if you apply for and receive an ignition interlock device (IID), a device that analyzes your breath before allowing your engine to start.
  
• 2nd Offense – 30 to 90 days in jail, maximum $1,000 fine, maximum 18-month license suspension.
  
• 3rd Offense – 90 to 180 days in jail, $1,000 fine, 15-year license suspension.
  

It’s important to remember that jail time and fines are at a judge’s discretion, and the reinstatement of your license is conditional upon completion of an alcohol treatment and evaluation program.

And if you are arrested for an accident caused by an OUI/OWI that resulted in the death of a passenger in your vehicle, or the death of a driver of passenger of another vehicle, you may also face a wrongful death claim from the families of the victim or victims.

Wrongful death cases are civil suits in which the claimant believes that the defendant caused the death of a loved one due to negligence.

So if you were at fault in a fatal accident in which you were also impaired by alcohol, you could be sued for intentionally causing another person’s death through the negligent act of operating a motor vehicle while impaired.

An OUI/OWI arrest is very serious, especially if it’s your second or third offense, or if your impairment caused the death of another person. That’s why you have to hire a defense attorney immediately after your arrest to ensure that all your rights are protected. The experienced team at Fitch & Stahle Law Office in South Sioux City, NE can investigate your arrest to make sure it was lawful, and determine how to proceed with your defense. Please call us today at (402) 494-3012 to schedule a consultation.