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If you or a loved one suffered injuries in a car accident caused by a drunk driver, you know firsthand the devastating impact this reckless behavior can have. In addition to the physical pain and emotional toll, you may be facing mounting medical bills, lost earning capacity, and a long road to recovery. If the driver who hit you had an exceptionally high blood alcohol concentration (BAC), they may be subject to enhanced penalties under Nebraska’s aggravated DUI laws.
At Mueller Schmidt Mulholland & Cooling, we have been fighting for the rights of drunk driving accident victims for over 56 years. Our compassionate Omaha personal injury attorneys understand the anger, frustration, and uncertainty you may feel after a crash. We are here to help you hold the intoxicated driver accountable and pursue the compensation you need to heal and move forward with your life.
What Is a High BAC?
What is a high BAC for a first-time DUI? Blood alcohol concentration (BAC) represents the quantity of alcohol in a person’s bloodstream, presented as a percentage. In Nebraska, operating a motor vehicle with a BAC of 0.08% or higher is unlawful. Additionally, the state imposes enhanced penalties for drivers found with an exceptionally high blood alcohol content (BAC) test.
Under Nebraska law, a high BAC is defined as 0.15% or above. This is nearly twice the legal limit for driving. At this level of intoxication and high amount of alcohol intake, individuals typically exhibit significant impairment in their ability to operate a vehicle safely. Other important impairments of alcohol include:
- Slurred speech
- Blurred vision
- Poor coordination
- Slowed reaction times
- Impaired judgment and decision-making
Drivers with a high BAC are at a significantly increased risk of causing accidents, injuries, and fatalities on the road. They are more likely to engage in dangerous behaviors like swerving, running red lights, and driving on the wrong side of the road. As a result, Nebraska lawmakers have imposed stricter penalties on these individuals to deter this reckless conduct and keep the public safe.
What Is an Aggravated DUI?
An aggravated DUI is a more severe version of a standard offense DUI. In Nebraska, several circumstances can elevate a DUI charge to an aggravated DUI, including:
- Having a high BAC of 0.15% or above
- Causing severe bodily injury or death while driving under the influence
- Having a child under the age of 16 in the vehicle at the time of the offense
- Driving with a suspended or revoked driver’s license due to a previous DUI conviction
- Refusing to submit to a chemical test (blood test, breath test, or urine test) when requested by law enforcement
If the drunk driver responsible for your accident had a BAC of 0.15% or higher, they would probably face aggravated DUI charges alongside any civil liability for your injuries and losses. This circumstance can benefit you when seeking compensation, as it offers compelling evidence of the driver’s negligence and reckless disregard for public safety.
Aggravated DUI Penalties in Nebraska
An aggravated DUI conviction in Nebraska carries severe consequences that can profoundly affect every facet of the offender’s life, encompassing their freedom, finances, career, and reputation. The exact penalties they encounter will hinge on various factors, such as their BAC level, previous criminal record, and the circumstances of their arrest.
What are the penalties for a high BAC DUI? For a first-time aggravated DUI offense with a BAC of 0.15% or higher, the drunk driver could be looking at:
- Up to 60 days in jail
- A fine of up to $500
- License revocation for up to one year
- Mandatory installation of an ignition interlock device (IID) on their vehicle for up to one year
- Completion of an alcohol treatment program
- Probation for up to five years
Repeat offenders, as well as those who cause serious injury or death, face even harsher penalties. This includes lengthy prison sentences and permanent license revocation. In addition to these criminal sanctions, the intoxicated driver may be subject to civil liability for any harm they caused while behind the wheel.
How an Aggravated DUI Charge Can Impact Your Personal Injury Claim
If you sustained injuries in an accident caused by a drunk driver with a high BAC, their aggravated DUI charge can present a double-edged sword in your personal injury claim. On the one hand, it offers compelling evidence of the driver’s fault and can bolster your case for damages. On the other hand, their criminal penalties might restrict their capacity to settle or fulfill a judgment.
Fortunately, Nebraska law requires all drivers to carry liability insurance to cover accidents they cause. This means that even if the drunk driver has limited personal assets, you may still be able to recover compensation from their insurance company. Insurance adjusters are notorious for trying to downplay the severity of injuries and minimize payouts, however, even in clear-cut cases of drunk driving.
That is why it is so important to have an experienced personal injury attorney on your side who knows how to handle the complex interplay between criminal and civil proceedings. Your lawyer can fight against high blood alcohol level charges by:
- Gathering evidence to support your claim
- Calculating the full extent of your damages
- Negotiating with insurance companies
- Taking your case to trial if necessary to fight for the compensation you deserve
At Mueller Schmidt Mulholland & Cooling, we have a proven track record of success in drunk driving accident cases. We know how to leverage aggravated DUI charges to our clients’ advantage and hold intoxicated drivers accountable for the harm they cause.
Contact Mueller Schmidt Mulholland & Cooling
If you are charged with a DUI, defending against a high BAC DUI charge can be difficult. At Mueller Schmidt Mulholland & Cooling, we have been defending Nebraskans accused of drunk driving offenses for over 56 years. Our Omaha personal injury attorneys can spot weaknesses in the prosecution’s case and use them to our advantage. Whether you are a first-time offender or have prior DUIs, we will fight tirelessly to help you achieve the best possible outcome.
If you have questions or concerns regarding a high BAC aggravated DUI case in Nebraska, reaching out to Mueller Schmidt Mulholland & Cooling at 402-999-9000 is your first step toward clarity and assistance. Our team is committed to providing comprehensive legal guidance tailored to your situation and giving you a fair legal representation. In addition, by serving clients across the state, our firm is prepared to accommodate your needs. Don’t delay in securing the legal support you require – contact us today to commence the process of protecting your rights and pursuing the compensation you deserve.
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