The Nebraska Department of Transportation (NDOT) publishes a three-year performance-based highway safety plan. The goal is to reduce traffic crashes, injuries, and fatalities throughout the state.
At Hauptman, O’Brien, Wolf, & Lathrop, our attorneys focus on protecting you and your best interests. We realize that a successful initiative can save lives. If you use Nebraska’s roads as a driver, passenger, or pedestrian, you should know what this plan means for you.
Let’s explore the plan’s highlights for October 1, 2023, to September 30, 2026 (Year 1). You can find the safety document in its entirety on the NDOT website. Impaired driving is one of the most preventable causes of crashes, so this summary will focus on measures to combat it through funding and program support.
If you were injured in an impaired driving accident in Nebraska, it is important to seek medical attention immediately and gather as much evidence as possible. The compassionate attorneys of our law firm are ready to explain your rights and the compensation you deserve. Get started now; schedule your free initial appointment.
Nebraska DUI Laws
Nebraska state laws reflect the seriousness of driving under the influence. If a motorist’s blood alcohol concentration (BAC) is at 0.08 percent or above, he or she is considered intoxicated. This “per se” law means law enforcement needs no other evidence for a DUI case.
The state imposes enhanced criminal charges and penalties for those found guilty of extremely high BAC levels. In Nebraska, a BAC of 0.15 percent could lead to a felony aggravated DUI charge rather than a misdemeanor.
People under the age of 21 face zero-tolerance laws. They are not allowed to buy or possess alcoholic beverages. If their BAC is at 0.02 percent or above, they could receive a DUI charge if they operate a motor vehicle.
Applying for a driver’s license in Nebraska means you automatically agree to prove your sobriety if a law enforcement officer suspects you are driving under the influence. This implied consent means there are consequences for refusing to submit to breathalyzer, blood, or field sobriety tests.
Laws alone are not enough to stop impaired drivers. In 2017, the Impaired Driving Task Force (ITF) convened to discuss how to resolve this issue. Under its direction, the Nebraska Impaired Driving Strategic Plan (IDSP) documents the results of ongoing initiatives and proposes new strategies.
The Nebraska Impaired Driving Task Force
The Nebraska Impaired Driving Task Force, established in April 2017, analyzes impaired driving issues and the challenges in addressing them.
This task force represents many agencies throughout the state, including:
- Law enforcement
- Driver licensing
- Drug treatment
- Highway safety
- Research
- Advocacy
- Non-profit organizations
The task force also reviews and approves the statewide driving plan. One of its most important responsibilities is to handle adjudication. The Nebraska court system considers evidence, listens to arguments and defenses, and applies relevant laws to make formal decisions.
Traffic Safety Performance Trends and Targets
Traffic safety performance trends show how safe roads are over time by looking at data like the number of crashes, injuries, and deaths. These trends help experts see if safety is improving or getting worse. The targets aim to make roads safer by reducing car accidents and improving road designs.
Studying trends and setting clear targets helps officials create better plans to protect drivers, passengers, and pedestrians. For example, in 2018 and 2020, alcohol-impaired driving fatalities were higher than other years prior and before these dates.
Current goals
The aim is to decrease the increasing trend to 66 or fewer fatalities from December 31, 2024, to December 31, 2026.
Alcohol-impaired crashes can be categorized into fatal, non-fatal (A crashes) that result in severe injuries, and non-fatal (B crashes) that produce moderate injuries. The goal is to reduce these 3 crash types by 11.4 percent from 2016 to 2020’s rolling average of 520 to 461 by December 31, 2024, and by 17.4 percent to 430 by December 31, 2026.
Analyzing progress
Analyzing activity performance measures helps support these goals and gauge progress.
For instance, the annual numbers of alcohol or impaired driving arrests were as follows over the following 7 years:
- 2016: 1,183
- 2017: 1,099 (7.10 percent, 84 less)
- 2018: 1,097 (-0.18 percent, 2 less)
- 2019: 1,182 (7.75 percent, 85 more)
- 2020: 762 (-35.53 percent, 420 less)
- 2021: 799(4.85 percent, 37 more)
As you may notice, there was a significant reduction in the number of arrests, which indicates fewer impaired drivers overall. The statistics of alcohol-impaired driving fatalities are also encouraging, as there were only 65 fatalities in 2021, and the preliminary data projects 66 for 2022 through 2026.
Highway Safety Office (HSO) Methods
The Highway Safety Office of NDOT lends support to these initiatives through marketing and advertising. For instance, local media campaigns discourage driving impaired and encourage safe driving practices.
“Drive sober or get pulled over”
The “Drive Sober or Get Pulled Over” campaign launched on August 14, 2024, in Lincoln, Nebraska. This nationwide, high-visibility initiative focuses on preventing impaired driving and its deadly consequences by increasing police presence and public awareness. Nebraska State Patrol Colonel John Bolduc reported a 23 percent rise in DUI arrests this year, calling each one a potential lifesaver.
Despite these efforts, Nebraska has seen an increase in road fatalities, with 153 deaths and 3 severe incidents involving state workers so far this year. Lincoln’s Chief Michon Morrow urged the community to make safe choices, noting that in Lincoln alone, 14 lives were lost in 13 crashes, with 3 involving drugs or alcohol. She stressed that these incidents are entirely preventable.
The campaign includes additional enforcement during high-risk times, such as holidays and school events, and boosts educational efforts to encourage responsible driving. Programs like “Click It or Ticket” and special initiatives targeting underage drinking further support the mission to save lives and prevent tragedies.
Funding
The HSO organizes funding to assist in reducing traffic fatalities caused by alcohol and drug impairment.
The HSO provides resources such as:
- Equipment
- Training on current regulations
- Overtime for law enforcement to carry out planned activities
- Underage drinking prevention
- Information for legislators to strengthen existing laws
- Toxicologists to accurately test samples
These resources can help law enforcement officers make arrests and prosecute offenders effectively. Such actions will increase public awareness that impaired drivers face severe legal consequences. Mini-grants will also be awarded to community programs focused on combating impaired driving.
Some programs collaborate with colleges to educate students on the dangers of impaired driving. Students can access the dangers of impairing substances and receive counseling regarding the tragedies of impaired driving.
The HSO also works with the felony motor vehicle prosecution unit in Douglas County, the largest county in Nebraska. This unit needs financial backing to prosecute drivers with fairness and consistency. Funds also assist Mothers Against Drunk Driving (MADD) to monitor court proceedings and advocate for victims of impaired driving crashes.
The grant requires the State to submit a statewide driving plan for the 2024 fiscal year. The state must only use the funds to implement and enforce authorized programs.
The Evidence-Based Traffic Safety Enforcement Program (TSEP)
TSEP plans activities that identify problems and solutions based on evidence.
To determine where to direct resources, TSEP analyzes:
- Who
- What
- When
- Where
- Why
For instance, Nebraska’s fatal, A, and B-injury crash data (what) can determine the priority counties (where) to direct HSO where needs are. Since the information can be broken down by demographics (who) and type of crash, the HSO can also study why the crash occurred. Breakdowns of time and day (when) direct overtime enforcement efforts.
Vulnerable Populations
Some people are more vulnerable to severe injuries during an impaired driving crash. This section will discuss what is being done in Nebraska to help motorcycle riders and young drivers.
Motorcycle safety education
The basic rider course adopted by the Nebraska Department of Motor Vehicles (DMV) is based on scientific research and field testing. This 18-hour course provides classroom instruction, computer-based training, and range time for riding motorcycles. Among the key topics are facilitated discussions on the effects of impaired riding.
Young driver programs
In Nebraska, individuals can apply for a learner’s permit 60 days before their 15th birthday. This permission allows them to drive if a licensed adult over 21 is in the vehicle. At age 16, young drivers can obtain a provisional operator’s permit if they complete a driver’s education course and hold their learner’s permit for at least 6 months.
Even at 18 or under, young drivers can obtain a driver’s license without limitations. According to the NHTSA, though this age group only accounted for 5 percent of total licensed drivers in 2021, they represented some 8.4 percent of alcohol-related fatal crashes that year.
Government officials are teaming up with local businesses and schools to reduce fatal and injury traffic crashes in this population and reach young drivers. National speakers will be brought to some Nebraska schools to encourage wise choices and safe driving behaviors. Organizations such as Teens in the Driver Seat and The Drive Smart Nebraska (DSN) coalition are also involved in the effort.
Join Your Voice With Others Against Driving Impaired
Drunk driving is a preventable tragedy that affects countless lives each year. By lending your voice against driving impaired, you help raise awareness about the dangers of this reckless behavior and encourage others to make safer choices behind the wheel. The more we stand together, the more we can create a future where impaired driving is no longer a threat to our safety.
If you or a loved one has been injured in a drunk driving accident or has lost someone to this preventable tragedy, you can act to seek justice. Personal injury attorneys can help you navigate the legal process and fight for the compensation you deserve. Contact Hauptman, O’Brien, Wolf, & Lathrop at (402) 241-5020 today to schedule a free consultation.
