State v. ThompsonAnnotate this Case
Defendant was convicted of driving under the influence (DUI), third offense, with a blood alcohol concentration of .15 or greater. The district court sentenced Defendant to a period of twenty-four months’ probation and, as a condition of probation, ordered Defendant to serve sixty days in the county jail. Defendant appealed, arguing that the court erred in imposing a jail term as a condition of probation, as that is no longer permissible under Neb. Rev. Stat. 29-2262. The Supreme Court affirmed, holding that a jail term is still available as a condition of probation for a felony DUI because Neb. Rev. Stat. 60-6,197.03(6) is more specific and therefore controls over section 29-2262.