Omaha First-Offense DUI Lawyers
Serving Clients Throughout Lancaster, Sarpy, Saunders, Cass, Douglas, and Seward Counties and the Surrounding Areas
When faced with a first-offense DUI charge in Omaha, the stakes are high. A conviction can lead to severe penalties, including fines, license suspension, and potential jail time. Many drivers believe they have no chance of walking away without a conviction. However, as in any criminal charge, you are innocent until proven guilty beyond a reasonable doubt, and your attorney can take action to counter the prosecution. You can fight these charges effectively with the right legal strategy and an experienced team.
At Omaha DUI, DUI defense comprises much of our practice. Because we have defended countless Nebraska drivers, we have intensive knowledge and experience in DUI law, proceedings, investigatory practices, and negotiations that we can use on your behalf. Our team of experienced Omaha first-offense DUI attorneys can help you at this critical time by applying our know-how and aggressive stance to your case.
Request a free initial consultation with an Omaha first-offense DUI lawyer to discuss the specifics of your case. Call Omaha DUI at (402) 543-3754 or contact us online.
Overview of First-Offense DUI Law in Nebraska
In Nebraska, the term "Driving Under the Influence" (DUI) encompasses a range of offenses related to operating a vehicle while impaired. According to Nebraska law, a person is considered to be driving under the influence if their blood alcohol concentration (BAC) is 0.08% or higher.
For drivers under the age of 21, a BAC of 0.02% or higher constitutes a DUI. Additionally, Nebraska imposes severe penalties for those found driving under the influence of drugs, whether they are prescription medications, over-the-counter drugs, or illegal substances. Drugged driving is often investigated by “Drug Recognition Experts,” who are police officers specially trained to detect this type of impairment.
The state employs both “per se” laws—where a specific BAC level is considered conclusive evidence of impairment—and observational evidence, where erratic driving behavior, field sobriety test results, and other indicators can be used to establish impairment, even if the BAC is below the legal limit. Thus, you can be arrested for DUI if your BAC is below .08 percent or if you are seen as being impaired to any appreciable degree.
First-Offense DUI Penalties
First offenses are generally charged as misdemeanors. Penalties can include seven to sixty days of jail time, a fine of up to $500, a license suspension of six months, an ignition interlock device installed in your vehicle for up to a year, and an alcohol evaluation and treatment program.
If you are given a suspended sentence, penalties are generally reduced; you will be put on probation. However, if your BAC measured .15 or higher, you would likely face steeper penalties.
How you are punished upon a first-offense conviction will depend on various factors. These factors can include:
- Whether you have prior convictions in the last 15 years
- Whether your BAC measured .15 percent or higher
- Whether you caused an accident involving property damage, injury, or death
- Whether other aggravating factors occurred
Common Defenses in First-Offense DUI Cases
There are several potential defenses that a skilled Omaha first-offense DUI lawyer may use to challenge a DUI charge. The specific defense will depend on the circumstances of your case, but some common defenses include:
- Improper Traffic Stop: If the officer did not have a valid reason to pull you over, the stop could be deemed illegal, leading to a dismissal of the charges.
- Inaccurate Breathalyzer or Blood Test Results: If there was a malfunction with the breathalyzer or improper handling of the blood test sample, the results could be inaccurate and inadmissible in court.
- Field Sobriety Test Failures: Field sobriety tests can be subjective and influenced by factors such as weather, road conditions, or physical limitations. If you were unable to perform the tests properly, your lawyer may challenge the results.
- Lack of Probable Cause: In some cases, the police may not have had sufficient evidence to arrest you for DUI. If there is no probable cause, the charges could be dropped or reduced.
A skilled Omaha first-offense DUI attorney will carefully evaluate your case and work to build a strong defense. In some cases, the charges may be reduced, dismissed, or mitigated, resulting in less severe consequences.
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Court Appearances in Nebraska DUI
Getting a DUI can mean going to court at least once, maybe more. The first time is called an arraignment. The court will tell you what you are charged with at the arraignment. You will decide how to plead. If you plead guilty, the judge will determine your punishment, and your case will end. However, you can go to trial and fight the charges if you plead not guilty.
You can seek a plea agreement, which involves admitting guilt that may result in a lesser charge and/or reduced penalties.
How Omaha First-Offense DUI Attorneys Can Help
An experienced Omaha first-offense DUI lawyer plays a crucial role in defending you against the charges. A skilled attorney can help you understand the various legal options available to you.
Here’s how an attorney can assist you:
- Evaluate the Evidence Against You: One of the first steps your Omaha first-offense DUI attorney will take is reviewing the evidence against you. This can include evaluating the results of the field sobriety tests, breathalyzer results, or blood test results. If there are any inconsistencies, errors, or procedural violations, your attorney may challenge the evidence in court. If the evidence is weak, it can lead to a reduction or dismissal of charges.
- Challenge the Legality of the Traffic Stop: If the officer did not have a valid reason for pulling you over, the evidence obtained during the stop may be inadmissible. An Omaha first-offense DUI attorney can investigate whether the stop was legal and may file motions to have the evidence suppressed if it was gathered improperly.
- Negotiate Plea Deals: In some cases, your Omaha first-offense DUI lawyer may negotiate with the prosecution to reduce the charges or secure a more lenient sentence. This is especially beneficial if you are facing aggravating circumstances or if the evidence against you is strong.
- Representation in Court: If your case goes to trial, your attorney will represent you in court, presenting your defense and challenging the prosecution’s evidence.
- Assist with Post-Conviction Issues: If you are convicted of DUI, your attorney can help you address post-conviction issues, such as dealing with license reinstatement, probation, or fulfilling the requirements of alcohol education programs. Additionally, your lawyer can help you understand how the conviction will impact your driving record and how you can potentially seek expungement of the conviction later on.
Why You Need Legal Representation in a Nebraska First-Offense DUI
Attempting to handle a DUI charge on your own can be overwhelming and risky. Dealing with the court system and facing potential jail time calls for the knowledge and resources of an experienced attorney.
At Omaha DUI, we provide aggressive defense strategies tailored to the specifics of your case and ongoing support throughout the legal process. Our team is highly knowledgeable, has the resources to investigate all factors of your case thoroughly, and has a successful track record defending first-offense DUI charges for clients throughout the state.
Connect with us on our online contact form or call (402) 543-3754 for legal help today.
Commonly Asked Questions
Can I Get My Driver's License Back After a DUI?
Yes, you may be able to obtain a restricted license, allowing you to drive for specific purposes (e.g., work, school, medical appointments) during your license suspension. However, you must apply for this restriction and meet specific requirements, such as attending an alcohol education program.
Can My DUI Charge Be Reduced or Dismissed?
It is possible to have a DUI charge reduced or dismissed, depending on the circumstances of your case. A skilled Omaha first-offense DUI lawyer may be able to challenge the evidence or negotiate a plea deal to reduce the charge to a lesser offense or lessen the penalties.
What If I Refused the Breathalyzer or Blood Test?
Refusing a breathalyzer or blood test in Nebraska can result in automatic penalties, including a longer driver's license suspension (1 year for a first offense). However, refusal is not an admission of guilt. An experienced Omaha first-offense DUI attorney can help you navigate the consequences of a refusal and explore potential defenses.
Can I Go to Jail For a First Offense DUI in Omaha?
Jail time is not always a given for a first-offense DUI, but it is a possible penalty. Nebraska law allows up to 7 days of jail time for a first DUI offense, depending on the severity of the situation and whether there were aggravating factors, such as an accident or high BAC level.
How Long Will a DUI Stay On My Record in Omaha?
A DUI conviction will remain on your criminal record for life unless you seek to have it expunged. However, the conviction will remain on your driving record for at least 5 years, which may impact your ability to reinstate your license or find affordable car insurance.
Should I Hire a Lawyer For my First Offense DUI Charge?
Yes, hiring an experienced Omaha first-offense DUI lawyer is highly recommended. A DUI charge can have serious consequences, and a skilled lawyer can help protect your rights, challenge the evidence, negotiate with prosecutors, and potentially reduce the charges or penalties.