Extreme DUI Attorney in Omaha

Facing an Extreme DUI Charge? Our Omaha Team Is Here for You

When you face charges for an extreme DUI in Omaha or Douglas County, the situation can feel daunting and the outcomes uncertain. At Omaha DUI, our approach gives you strong legal support, guidance, and straightforward answers throughout your case. 

Our team of experienced DUI attorneys in Omaha stands with you from your first consultation to each critical legal milestone, helping you protect your rights and interests at every turn.

Law enforcement in Omaha often increases patrols during high enforcement periods and uses sobriety checkpoints, making arrests for extreme DUI more likely in certain areas. We have helped clients navigate every stage—from initial hearings to final resolutions—and know the pressure you may encounter.

Get the strategic defense of an Omaha extreme DUI lawyer who specializes in high-BAC cases. Our firm offers aggressive representation. Take control of your case—contact us online or call (402) 543-3754 today.

Understanding Nebraska’s Extreme DUI Law (BAC of 0.15% or More)

Nebraska Revised Statute § 60-6,196 establishes the threshold for Extreme DUI when a driver operates a motor vehicle with a BAC of 0.15% or greater. This high BAC level functions as an aggravating factor that immediately enhances the penalty class and minimum sentencing requirements.

The DUI Penalty Tiers in Nebraska

In Nebraska, all DUI offenses (both misdemeanor and felony) are subjected to two penalty tracks: standard (BAC less than 0.15%) and extreme DUI (BAC 0.15% or more).

• First Offense Extreme DUI: While still a Class W Misdemeanor, the penalties are significantly enhanced compared to a standard first offense.
• Subsequent Offense Extreme DUI: For second, third, and subsequent offenses, the extreme DUI designation increases the mandatory minimum jail time and extends the potential maximum sentence, escalating the third or subsequent offense into a more severe felony category.

The core of your defense by an Omaha extreme DUI lawyer is challenging the validity of the 0.15% BAC result itself to remove the aggravating factor.

The Nebraska DUI Defense Process for Extreme DUI

Defending an Extreme DUI case in Omaha requires a strategic approach that simultaneously tackles the criminal court process (jail, fines) and the administrative process (license revocation).

• Immediate ALR Hearing Request: Your license is automatically confiscated upon arrest. We must request an Administrative License Revocation (ALR) hearing within 10 days of arrest to contest the automatic suspension and save your driving privileges.
• Challenging the Traffic Stop (Fourth Amendment): We investigate whether the police had sufficient reasonable suspicion to stop your vehicle. If the stop was illegal, all subsequent evidence (FSTs, BAC results) may be suppressed.
• Attacking the Chemical Test: We scrutinize the breathalyzer (Intoxilyzer 8000) maintenance logs, the 15-minute observation period, and the officer's certification. For blood draws, we look for flaws in the chain of custody or testing protocols to invalidate the 0.15% reading.
• Rising BAC Defense: We introduce expert analysis to show that your BAC was rising after you stopped driving, meaning your level was below 0.15% (or even 0.08%) when you were actually operating the vehicle.
• Mitigation and Alternatives: We prepare strong mitigation arguments, leveraging the possibility of probation, community service, or continuous alcohol monitoring (CAM) to reduce the mandatory jail time associated with extreme DUI charges.

Our Comprehensive Approach to Extreme DUI Defense

At Omaha DUI, we deploy targeted legal and scientific strategies to achieve the best possible result, whether that means fighting for an acquittal or securing a reduction that avoids mandatory jail. We are available 24/7 and offer free consultations.

Defense strategies we utilize as a leading Omaha extreme DUI lawyer:

• Challenging the 0.15% Reading: Attacking the breath test device's calibration, maintenance, and the legal procedures surrounding the test administration to reduce the BAC level below the extreme threshold.
• Improper Field Sobriety Tests: Arguing that factors like weather, road conditions, medical issues, or the officer's improper instruction invalidate the results of the FSTs used to justify the arrest.
• Lack of Actual Physical Control: Proving the client was legally parked and was not operating or intending to operate the vehicle.
• Negotiation for Standard DUI: Leveraging flaws in the State's case to negotiate a plea to a standard DUI, thereby eliminating the mandatory minimum jail time and reducing the license revocation period.

Protect your rights and driving privileges from an Extreme DUI conviction. Choose Omaha DUI. Contact (402) 543-3754 or fill out our contact form for assistance.