Felony DUI Attorney in Douglas County
Serious Charges, Clear Guidance & Strong Defense
Being charged with a felony DUI can turn your life upside down overnight. You may be worried about jail time, losing your license, and what this will mean for your job and family. If your case is in Douglas County, you need a clear plan and a legal team that knows how to handle serious DUI charges.
At Omaha DUI, we represent people facing felony-level drunk driving accusations and other major criminal charges. Since 2016, our attorneys have helped thousands of Nebraskans fight for their rights, reputations, and futures in courtrooms across the state. We speak in plain English, not legal jargon, and we work to make a difficult process easier to understand.
Secure your defense with a felony DUI lawyer in Douglas County who understands the stakes. Reach out to Omaha DUI online or call (402) 543-3754. We are available 24/7 and offer free consultations.
Understanding Felony DUI Laws in Nebraska
In Nebraska, most first and second driving under the influence charges are classified as misdemeanors. However, certain factors elevate a DUI to a felony. Under Nebraska Revised Statutes § 60-6,196 and § 60-6,197.03, the law is designed to punish repeat offenders and those whose actions cause significant harm.
A DUI typically becomes a felony in Douglas County under the following circumstances:
- Third Offense with High BAC: If you have two prior convictions within the last 15 years and your current arrest involves a blood alcohol concentration (BAC) of .15% or higher, or if you refuse a chemical test.
- Fourth or Subsequent Offense: Any fourth DUI within a 15-year period is automatically a felony, regardless of the BAC level.
- Serious Bodily Injury: If you are involved in an accident while under the influence that causes serious bodily injury to another person, you can be charged with a Class IIIA felony.
- Motor Vehicle Homicide: If a DUI results in the death of another person, the charge escalates to a high-level felony.
Differentiating these charges is vital. While a standard misdemeanor DUI carries a maximum of 60 days to one year in jail, a felony conviction can result in years—or even decades—behind bars.
Penalties and Collateral Consequences of Felony DUI in Nebraska
A felony DUI conviction in Nebraska carries some of the most severe penalties in the nation. The state uses a graduated sentencing system in which both the felony classification and the potential punishment increase based on the number of prior DUI convictions and the driver’s blood alcohol concentration (BAC).
In Omaha and throughout Nebraska, felony DUI offenses can result in lengthy prison sentences and long-term or even permanent license revocation.
Felony DUI classifications and potential penalties include:
- Third DUI offense (aggravated, BAC .15% or higher): Class IIIA felony, punishable by up to 3 years in prison and a minimum 15-year license revocation.
- Fourth DUI offense (standard): Class IIIA felony, punishable by up to 3 years in prison and a minimum 15-year license revocation.
- Fourth DUI offense (aggravated, BAC .15% or higher): Class IIA felony, punishable by up to 20 years in prison and a minimum 15-year license revocation.
- Fifth DUI offense (standard): Class IIA felony, punishable by up to 20 years in prison and a minimum 15-year license revocation.
- Fifth DUI offense (aggravated, BAC .15% or higher): Class II felony, punishable by 1 to 50 years in prison and a minimum 15-year license revocation.
- DUI causing serious bodily injury: Class IIIA felony, punishable by up to 3 years in prison and a license revocation ranging from 60 days to 15 years.
Collateral Consequences
Beyond the courtroom, a felony conviction carries a heavy social and professional toll. These "collateral consequences" often last much longer than any prison sentence:
- Loss of Civil Rights: You will lose your right to vote (until restored) and your right to possess or own firearms.
- Employment Barriers: Many employers refuse to hire individuals with felony records, particularly for roles involving driving, financial responsibility, or professional licensing.
- Housing Limitations: Felons often face rejection from landlords and property management companies.
- Immigration Status: For non-citizens, a felony DUI can be grounds for deportation or denial of citizenship.
- Financial Strain: Between fines of up to $25,000, high-risk SR-22 insurance, and the costs of ignition interlock devices, the financial impact is devastating.
Our Comprehensive Approach to Felony DUI Defense
Every felony DUI case turns on its specific facts, so the defense begins with a detailed review of law enforcement conduct. Attorneys scrutinize the traffic stop, sobriety testing, and breath or blood procedures, as well as officer reports. They also assess whether searches were lawful and whether testing equipment and protocols were reliable, especially in cases involving accidents or alleged injuries.
Felony charges and penalties often depend on prior convictions and aggravating factors, which are carefully reviewed for accuracy. Many cases resolve through negotiation, where legal issues and personal background can influence outcomes. When trial is necessary, experienced lawyers are prepared to present the case to a jury, while consistently focusing on protecting rights, freedom, and long-term consequences.
When you hire a felony DUI lawyer in Douglas County from our firm, we implement a multi-phase strategy:
- Technical Investigation: We look at the "15-minute observation period" required before a breath test. If the officer failed to watch you closely, the results may be invalid.
- Prior Conviction Audits: We examine your past DUI convictions. If those cases had constitutional defects—such as a lack of legal representation—they cannot be used to enhance your current charge to a felony.
- Medical and Scientific Challenges: Certain medical conditions like GERD, diabetes, or even specific diets can cause "mouth alcohol" that creates a false high reading on a breathalyzer. We work with forensic experts to present these findings.
- Negotiating Alternatives: In some Douglas County cases, we can advocate for "Problem Solving Courts" or intensive probation programs that focus on rehabilitation rather than just incarceration.
Why Choose Our Felony DUI Defense Attorneys in Douglas County
When you are facing a felony DUI, you cannot risk feeling like just another file in a stack. You need attorneys who handle serious criminal matters every day and who treat you with respect, no matter what the allegations are. Our practice is built around both of these needs.
We have represented thousands of Nebraskans in challenging cases, including multiple DUIs, aggravated DUI charges, and felony matters involving allegations of injury or property damage. Our attorneys handle misdemeanor and felony cases in both state and federal courts, and we are prepared to advocate aggressively at every stage.
We follow a people-first approach. That means we take time to understand your background, your concerns, and your goals. We know many clients feel ashamed or judged after a DUI arrest. In our office, you will find a compassionate, non-judgmental setting and one-on-one guidance instead of rushed meetings and quick decisions that you do not fully understand.
Talk To Our Douglas County DUI Team
At Omaha DUI, we bring years of focused criminal defense work, a history of results in difficult felony cases, and a people-first mindset to every DUI matter. We explain your options in clear terms, handle court details, and keep you informed so that you can make confident decisions at each step.
Your initial consultation with our team is free and confidential. We will listen to your story, outline the process ahead, and discuss how we can help you respond to a felony DUI in this area.
Call (402) 543-3754 or reach out online to speak with our felony DUI attorneys in Douglas County about your felony DUI case.
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What To Do After A Felony DUI Arrest
The hours and days after a felony DUI arrest can feel chaotic. You may be unsure what to say, what to sign, or how to protect your rights. Taking a few focused steps can help you avoid common mistakes and give your attorney more to work with once we join your case.
First, be careful about what you say about the incident. You generally must provide basic identifying information to officers, but you do not have to discuss how much you drank or try to explain what happened. The same caution applies to social media and texts. Comments made in anger or fear can be taken out of context later.
Second, as soon as you are able, write down everything you remember. Note where you were, what you consumed, who was with you, how the traffic stop or contact with law enforcement began, what tests were given, and anything unusual about the process. Details that seem minor now can give your lawyer important avenues to explore.
There may also be time-sensitive issues related to your driver’s license or other administrative matters. Deadlines can be short, and missing them may limit certain options. Talking with a lawyer quickly gives you the chance to understand what dates apply in your situation so you can respond in time.
Helpful steps to take after a felony DUI arrest include:
- Avoid discussing the facts of your case with anyone other than your attorney
- Write down your recollection of the stop, tests, and arrest as soon as possible
- Gather contact information for any witnesses who were with you
- Keep track of all paperwork you receive from law enforcement or the court
- Contact a felony dui lawyer Douglas County residents trust to review your situation
Once you reach out to Omaha DUI, we work to step in quickly. Our attorneys review the reports, help you understand your charges, and begin planning how to approach your case so that you are not navigating this process alone.
Protect your future by calling an experienced Douglas County felony DUI attorney right now. At Omaha DUI, we provide free consultations and are available 24/7 to take your call. Dial (402) 543-3754 or contact us through our website to start building your defense against these serious charges.