Omaha Second Offense DUI Lawyers

Serving Clients in Lancaster, Sarpy, Saunders, Cass, Douglas, and Seward Counties and the Surrounding Areas

A second-offense DUI in Nebraska is treated with far more severity than a first offense. Repeat offenses are viewed with the assumption that they signal a pattern of dangerous behavior. Law enforcement and the judicial system take these charges seriously, and the penalties reflect this increased level of concern. The consequences are harsher, significantly impacting your daily life, freedom, and future opportunities.

It is even more important to seek experienced legal representation in repeat DUI offenses than a first offense. You need an attorney who will fight for the best possible outcome and thoroughly understands the legal and technical aspects of DUI arrests and charges. 

At Omaha DUI, you can rely on a team that offers aggressive legal strategies tailored to the circumstances of your case. We understand the high stakes of a second DUI offense and know how to thoroughly investigate every aspect of arrest, from whether the officer had probable cause to pull you over to how testing was conducted. 

We know how to negotiate with prosecutors, where applicable, to seek reduced charges or penalties. However, our litigators are never afraid to take your case to trial if necessary to aggressively fight for your freedom and future. 

Call Omaha DUI at (402) 543-3754 or reach us on our contact form to request a free initial consultation with an Omaha second-offense DUI attorney. 

Second Offense DUI Charges in Nebraska

Nebraska has a "lookback period" of 15 years for DUI offenses. This means that DUI convictions within the past 15 years are considered when determining penalties for a current offense. If you have a prior DUI conviction within this period, your current charge will be treated as a second offense, bringing more stringent penalties.

Nebraska’s DUI law is based on operating a motor vehicle with a blood alcohol concentration (BAC) of .08 percent or higher or driving while impaired by drugs, whether prescription medicines, street drugs, or over-the-counter drugs, such as sleep and cold or flu remedies. 

Drivers with a BAC level of .15 percent or higher will generally receive harsher penalties, including longer potential jail time and higher fines. Increased penalties also apply to DUIs involving property damage or causing the injury or death of another in a traffic accident. 

If you are given probation in a suspended sentence, your penalties are generally less than those of a non-probationary case. However, they will be more severe when your BAC measured. 15 percent or higher in a probationary case.

Penalties for a Second Offense DUI 

Non-Probationary Cases with BAC Below .15%

Penalties can include: 

• Fines ranging from $500 upwards
• License suspension of up to 18 months
• 30 days up to six months of jail time
• Ignition interlock device for a year or more
• Mandatory alcohol education
• Community service requirements

Non-Probationary Cases with a BAC of or Above .15 Percent

• Fines ranging from $1,000 upwards
• License suspension of 18 months up to 15 years
• Jail time of 90 days to a year
• Alcohol education intensive program
• Extensive requirements of community service
• Mandatory ignition interlock device installed in your vehicle

Probationary Cases with BAC Below .15 Percent

• 10 days up to six months of jail time or 
• 240 community service hours
• Fines of $500
• License suspension of 18 months
• No driving for 45 days, followed by an ignition interlock device for a minimum of a year

Probationary Cases with a BAC of .15 Percent or Higher

• 30 days of jail time
• Fines of $1,000 
• License revocation of 18 months up to 15 years
• No driving for 45 days, followed by an ignition interlock device for a minimum of a year