Aggravated DUI Attorney in Douglas County

Omaha DUI is Available 24/7—We Provide Free Consultations

If you are facing an aggravated DUI charge in Douglas County, you already know this is more than a routine traffic case. Felony level DUI allegations can threaten your freedom, your driver’s license, and your future opportunities. You do not have to sort through this alone or guess about your options.

At Omaha DUI, we focus on guiding people through serious DUI and criminal charges across Nebraska. Our attorneys have helped thousands of Nebraskans facing difficult situations, including multiple and underage DUI cases, and we bring that experience to aggravated DUI defense. We talk in clear English, not legal jargon, and we meet you where you are.

From our first conversation, we keep the focus on protecting your rights, your record, and your long-term interests. Our firm offers a free initial consultation, so you can speak with an aggravated DUI lawyer in Douglas County without adding more financial stress to an already difficult moment.

Our team is available 24/7 at (402) 543-3754 or through our website. Schedule your free consultation with an aggravated DUI attorney in Douglas County.

Understanding Aggravated DUI Laws in Nebraska

Nebraska Revised Statute § 60-6,196 sets the baseline for driving under the influence, but the "aggravated" status is governed by the specific blood alcohol concentration (BAC) thresholds and conditions found in § 60-6,197.03. In Douglas County, a DUI is classified as aggravated primarily based on the driver's BAC level or the presence of vulnerable passengers.

The primary triggers for an aggravated DUI in Nebraska include:

• High BAC (0.15% or Greater): This is the most common reason for an aggravated charge. If your chemical test (breath, blood, or urine) shows a BAC of 0.15% or higher, you are nearly double the legal limit of 0.08%, triggering enhanced penalties.
• Presence of a Minor: Under Nebraska law, operating a motor vehicle while under the influence with a passenger under the age of 16 is considered an aggravating factor and can lead to additional charges such as child endangerment.
• Refusal of a Chemical Test: While refusing a breathalyzer or blood test carries its own administrative penalties, it is often prosecuted with similar severity to an aggravated high-BAC offense in terms of license revocation and sentencing.
• Serious Bodily Injury or Death: If an accident occurring during a DUI results in significant injury to another person, the charge is elevated to a Class IIIA felony.

It is important to distinguish between a standard Class W misdemeanor DUI and these aggravated versions. While a standard first-offense DUI might result in a shorter license suspension and a chance for probation without jail time, an aggravated charge carries much stricter mandatory minimums that the court is often required to uphold.

Penalties and Collateral Consequences of Aggravated DUI Convictions in Nebraska

The penalties for aggravated DUI in Douglas County are designed to be punitive and escalate sharply with each subsequent offense within the 15-year look-back period.

• First Offense (Aggravated): Even with no prior record, a BAC of 0.15% or higher carries a mandatory minimum of 7 days in jail. If probation is granted, you must still serve 2 days in jail or complete 120 hours of community service. The license revocation is a mandatory one-year.
• Second Offense (Aggravated): This is a Class I misdemeanor. It carries a mandatory minimum of 90 days in jail. If probation is granted, the minimum is 30 days in jail, a $1,000 fine, and a license revocation lasting between 18 months and 15 years.
• Third Offense (Aggravated): This escalates to a Class IIIA felony. Conviction can result in up to 3 years in prison and a mandatory 15-year license revocation.
• Collateral Consequences: Beyond jail and fines, an aggravated conviction results in a permanent criminal record. This can prevent you from obtaining certain professional licenses, impact your current employment, and lead to astronomical increases in auto insurance premiums (SR-22). You will also be required to install an ignition interlock device (IID) to regain any driving privileges.

How Our Attorneys Defend Aggravated DUI

When you contact Omaha DUI, our goal is to take control of a situation that feels out of control. Our aggravated DUI attorney in Douglas County reviews every case carefully. We start with how law enforcement made contact with you, what reason they gave for the stop, how testing was conducted, and how any prior convictions or aggravating details may have been documented.

Our attorneys handle every stage of the process. This includes filing essential court documents, requesting and reviewing police reports and video, analyzing chemical test results, and preparing you for appearances in Douglas County Court. We also manage communication with prosecutors, so you are not left trying to negotiate or answer questions on your own.

Because our firm regularly handles difficult felony matters, including complex drug allegations, violent offenses, and multiple DUI cases, we are comfortable operating where the stakes are high. That experience matters when you are facing a charge that can change the direction of your life.

When we build a defense strategy, we focus on practical goals such as:

• Challenging traffic stops, testing procedures, and other key evidence where the facts support it
• Exploring options to reduce the level of the charge or limit penalties when possible
• Addressing driver’s license issues and ignition interlock requirements alongside the court case
• Preparing you for court appearances and, if needed, presenting mitigation to the judge
• Looking beyond the immediate case to how outcomes may affect employment and family life

Effective defense work is not about one single tactic. It is about careful preparation, clear communication, and a legal team that understands both Nebraska law and the human impact of criminal charges.

Our Comprehensive Approach to Aggravated DUI Defense

When you choose Omaha DUI, you are choosing a firm that specializes in the technical and scientific aspects of DUI defense. Our approach to defending aggravated charges in Douglas County includes:

• Challenging the "Rising BAC" Defense: Alcohol takes time to absorb. We often argue that while a client's BAC might have been 0.15% at the police station, it was actually below the aggravated threshold while they were behind the wheel.
• Scrutinizing the Observation Period: Nebraska law requires officers to observe a suspect for 15 continuous minutes before a breath test to ensure nothing (like a burp or regurgitation) contaminates the sample. We use dashcam and station video to prove if this rule was broken.
• Medical Defense Integration: Certain medical conditions, such as Acid Reflux (GERD) or Ketosis from specific diets, can cause a breathalyzer to register a falsely high alcohol reading. We work with medical experts to highlight these discrepancies.
• Prior Conviction Challenges: If an aggravated charge is enhanced by a prior conviction, we investigate the validity of that past case. If the prior conviction was unconstitutional, we move to strike it, potentially reducing your current felony-level charge back to a misdemeanor.

Talk To Our Legal Team Today

Since 2016, Omaha DUI has been committed to defending people across Nebraska who are under intense criminal and DUI pressure. Our attorneys have helped thousands of clients navigate misdemeanor and felony cases, and we bring that experience, along with a people-first mindset, to every aggravated DUI defense. Your first conversation with us is free, confidential, and focused on practical next steps.

If you are looking for an aggravated DUI attorney in Douglas County for careful, personalized defense, our team is ready to talk. Reach out before court dates and license deadlines pass, so we can start working to protect your rights and your future from the beginning.

Call (402) 543-3754 or fill out this online form to speak with our legal team today.