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Aggravated DUI Attorney in Omaha

Your Defense & Guidance During Serious DUI Charges in Omaha

When you face an aggravated DUI charge in Omaha, you need an advocate who can help you protect your rights, reputation, and freedom. At Omaha DUI, our aggravated DUI attorneys in Omaha draw on proven experience, local insight, and a client-focused approach to guide you through every step.

Aggravated DUI charges require careful navigation of Nebraska state laws, as well as Douglas County’s court system and local procedures. Judges in Omaha may have unique standards in aggravated cases. Familiarity with county courts, including knowledge of local diversion programs and court timelines, can directly affect your case.

Get the strategic defense of an Omaha aggravated DUI lawyer who specializes in drunk driving cases. We are available 24/7 and offer free consultations. Take control of your case—contact us online or call (402) 543-3754 today.

Understanding Nebraska’s Aggravated DUI Enhancements

Nebraska law (Neb. Rev. Stat. § 60-6,196 et seq.) elevates the seriousness of a DUI charge when specific conditions are met. A successful defense strategy by an Omaha aggravated DUI lawyer must be tailored to eliminate or mitigate these specific aggravating factors.

Factors Leading to an Aggravated DUI Charge

High Blood Alcohol Content (BAC 0.15% or more): This is the most common form of Aggravated DUI. A first offense at this level mandates a minimum of 7 days in jail (or 120 hours of community service on probation) and a one-year license revocation. Penalties escalate sharply for subsequent offenses.
Felony DUI (Third or Subsequent Offense): A third DUI conviction within 15 years is automatically a Class IIIA Felony. A fourth or subsequent conviction is a higher-level felony, carrying mandatory minimum prison time and license revocation of up to 15 years.
DUI with Child Passenger: Operating a vehicle under the influence with a passenger under the age of 16 is a separate offense (Neb. Rev. Stat. § 28-1254). A conviction enhances penalties, typically leading to a minimum of 7 days in jail for a first offense and classifying the DUI as a more serious Class I Misdemeanor.
Test Refusal: Refusing a chemical test triggers a separate administrative revocation of your license for one year, distinct from the criminal penalty.

Penalties and Collateral Consequences of Aggravated DUI Convictions

A conviction for Aggravated DUI in Nebraska triggers enhanced mandatory sentences that judges cannot waive.

Mandatory Minimum Penalties

BAC 0.15% or More (First Offense): Minimum 7 days in jail and one-year license revocation.
Third Offense (Felony): Minimum 90 days in jail and license revocation of up to 15 years.
Felony DUI (High BAC): Can result in up to 3 years in prison and fines up to $10,000.

Administrative and Collateral Consequences

Long-Term License Loss: License revocations ranging from 1 year up to 15 years, depending on the offense number and BAC level.
IID Requirement: Mandatory installation of an Ignition Interlock Device (IID) for lengthy periods to obtain an Ignition Interlock Permit (IIP) and regain driving privileges.
Felony Record: For repeat offenses, the felony conviction permanently impacts employment, professional licensing, and housing opportunities.
Alcohol Monitoring: Courts often mandate Continuous Alcohol Monitoring (CAM) or use of an IID as a condition of probation to monitor sobriety.

The Nebraska Criminal Defense Process for Aggravated DUI

Defending an Aggravated DUI case requires a dual-track strategy focused on attacking the State's scientific and procedural proof in criminal court and defending driving privileges in the Administrative License Revocation (ALR) hearing.

Immediate ALR Defense: We immediately file the necessary paperwork to request the ALR hearing within the 10-day deadline to challenge the immediate license suspension and fight for an IIP.
Challenging Constitutional Rights: We file motions to suppress evidence if the traffic stop lacked reasonable suspicion or if the arrest lacked probable cause, aiming to exclude all FST and BAC evidence.
Expert Scientific Analysis: We utilize forensic toxicology principles to argue the Rising BAC defense, proving that the client's blood alcohol level was lower than 0.15% (or 0.08%) at the time they were driving.
Mitigation and Alternatives: We prepare a strong mitigation package, leveraging voluntary participation in sobriety programs or the commitment to IID use, to argue against mandatory jail time or for the minimum possible sentence.

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Why Choose Our Aggravated DUI Lawyer in Omaha

Aggravated DUI cases often involve steep criminal penalties, including jail time, license suspension, fines, and a record that can impact your future. Our attorneys have supported thousands of people across Nebraska and understand the challenges individuals face in felony and misdemeanor cases. We approach each client with respect, empathy, and strategies tailored to your circumstances.

Proven defense for complex DUI cases: We have a strong record in both felony and misdemeanor DUI cases, especially those involving high BAC, prior convictions, or additional charges.
Personalized support from start to finish: Our team listens to you, provides clear guidance, and adapts each step to your needs.
Clear communication and respect: We use everyday language, answer your questions, and respect every concern. You never face confusing legal jargon.
Local experience you can count on: We know the Omaha court system, law enforcement practices, and how aggravated DUI laws are applied in Douglas County.
Free initial consultation: Get insight on your options and the road ahead—without any financial commitment.

You deserve representation you can trust. When you contact our aggravated DUI lawyer in Omaha, you benefit from years of local experience and a true understanding of the impact criminal charges can have. We keep current on changes in the law and every case strengthens our commitment to providing strong, tailored defense for our clients. Our personalized approach lets you focus on your daily life while we handle the details that could shape your future.

Our Approach: Guiding You Through Each Stage with an Aggravated DUI Attorney in Omaha

If Omaha police charge you with aggravated DUI, you need to know your options and how to protect your future. Our aggravated DUI lawyers in Omaha offer step-by-step support from the first consultation through every court appearance. We manage the details so you can focus on your family, job, and health.

Detailed case review: We take time to understand your situation and examine every part of your arrest and charges. We explain how Nebraska DUI law applies to you.
Caring, candid advice: Our lawyers answer your questions, lay out possible pathways, and help you make informed decisions at each stage.
Strategy built around you: Every aggravated DUI in Omaha is unique. We shape your defense to fit your goals, facts, and future needs—whether that means challenging evidence, negotiating, or preparing for hearings.
Ongoing support as your case moves forward: From hearings and meetings with prosecutors to preparation for court, we stay by your side to represent your best interests throughout the process.

With our approach, your case receives the focus it deserves. We keep you updated about each phase, answer questions promptly, and give you straightforward ways to participate in your defense. Local legal procedures may involve steps like bond hearings, pretrial conferences, or alcohol assessment programs—each with its own timeline and requirements. We make the process understandable and guide you through each milestone. You never have to handle any part of this journey alone.

Contact an Aggravated DUI Attorney in Omaha & Take the First Step Today

If you face an aggravated DUI charge in Omaha, contact Omaha DUI to start your path forward. You will receive a free, no-obligation consultation to discuss your options, get your questions answered, and find clarity about what comes next. Our team offers respectful, custom legal support and answers every inquiry with care.

Call (402) 543-3754 or fill out this contact form to take the first step toward protecting your rights and future. Reach out today—we are ready to help you regain control.

Frequently Asked Questions

What makes a DUI charge “aggravated” in Nebraska?

Aggravated DUI usually means the charge involves higher BAC, repeat offenses, causing bodily injury, driving with a suspended license, or a minor in the vehicle—each of which can lead to harsher penalties under Nebraska law.

Can an aggravated DUI charge be reduced or dismissed?

Court outcomes depend on the facts, available evidence, and legal arguments. Judges review all circumstances before making decisions, so the situation varies from case to case.

Will I lose my license after an aggravated DUI arrest?

Aggravated DUI arrests typically result in immediate administrative suspension of your license. How long the suspension lasts depends on your record, arrest details, and the final court outcome.

How can I defend myself against aggravated DUI in Omaha?

The best defense depends on your case’s unique circumstances. Common strategies include reviewing BAC test accuracy, questioning procedures, and making sure no legal errors occurred during your arrest or the charging process.

Are the penalties for aggravated DUI the same everywhere in Nebraska?

Nebraska laws are statewide, but individual courts can apply them differently. Douglas County courts and Omaha judges follow state law but use local procedures and priorities to make decisions.

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