Conclusion
Overall, Nebraska continues to have some of the strongest DUI laws in the nation. While inconsistencies in the types of sanctions exist, overall offenders are being taken off the streets. Numerous factors impact how law enforcement, prosecutors and judges adjudicate DUI cases. These may include city ordinances, state and federal laws, technical issues with breath testing equipment and circumstances of each individual case. Currently, there are many strong statutes and laws in place for the adjudication of DUI cases. One concern from this report is the number of cases being amended to a lesser DUI charge or a non-DUI charge. Overall, 38% of the cases analyzed were amended. An offender who is arrested for a DUI 2 nd should not be allowed to plea down to a lesser charge – the offender needs to be held accountable. Another area of interest is the high rate of offenders taking House Arrest.
Observations generated from this report include:
All nineteen counties utilized Fines, Fees, Jail, Probation, Revoked License and Ignition Interlock consistently as sanctions for DUI offenders. Depending on the DUI offense, fines range from $500 - $2,000, probation ranged from 1-12 months (up to 5 years for DUI 4 th .15+), and revoked license ranged from 60 days to 15 years for DUI 3 rd .15+ and higher cases. Buffalo, Douglas, Lancaster, Madison, Platte, Saline and Sarpy also sanctioned some type of additional education component in the form of Victim Impact Panel, AA, Alcohol Education and/or Attitudinal Dynamics). A few counties did sentence Community Service. Lancaster County was the main county to utilized House Arrest as a sanction. Of the 380 cases found guilty, 275 cases (72%) of those offenders received House Arrest. Ignition Interlock was ordered for 97% of the adjudicated cases. There is no way for MADD to know if the offender had the device installed in their car or for how long. One reason offenders may not have had Ignition Interlock ordered as a sanction could be they are not eligible per DMV.
Adams, Buffalo, Hall and Lincoln Counties utilized Probation to the Court primarily for DUI 1 st , DUI 1 st .15+ and DUI 2 nd offenses.
MADD will continue to analyze DUI cases and sanctions and build on this database. Volunteers will continue to be trained to attend court, and staff will keep talking with community partners and strengthening relationships. Education is a vital component of the Court Monitoring program.
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