Underage DUI Attorney in Omaha
Trusted Legal Support For Teens & Families Facing Underage DUI Charges
If you or your child is facing an underage DUI charge in Omaha or the surrounding counties, working with an experienced underage DUI attorney in Omaha can make all the difference. At Omaha DUI, our team is dedicated to providing families with trusted guidance every step of the way.
We blend in-depth knowledge of Nebraska DUI laws for minors with a personalized client-first approach, ensuring each young person and parent receives dedicated support, clear communication, and skilled legal advocacy from start to finish.
Our attorneys answer your questions promptly and take an active role in defending not only your legal rights, but also your peace of mind. Throughout Omaha and nearby communities, we have helped clients protect their rights, minimize disruption, and move forward from challenging situations with confidence and clarity.
Facing an underage DUI charge? We offer free consultations and have a proven track record. Call (402) 543-3754 or contact us online to speak with an underage DUI attorney in Omaha today.
Understanding Underage DUI Laws in Nebraska
In Nebraska, there are several statutes that apply to drivers under the age of 21, creating a tiered system of penalties based on blood alcohol concentration (BAC) and the level of intoxication. It is crucial to understand each of these laws, as the penalties and the defense strategies for each are different.
- "Zero Tolerance" Law: Nebraska Revised Statute § 60-6,211.01: This is the foundation of Nebraska's policy. It is an unlawful act for a person under 21 to operate or be in actual physical control of a motor vehicle if their BAC is 0.02% or more, but less than 0.08%. The prosecution does not have to prove you were impaired; they only have to prove that you had a measurable amount of alcohol in your system. This is a crucial detail that often catches people off guard. A conviction for this offense is an infraction.
- Standard DUI: Nebraska Revised Statute § 60-6,196: This is the most serious charge an underage driver can face. If a person under 21 drives with a BAC of 0.08% or higher, or is proven to be under the influence of alcohol or drugs to a degree that impairs their ability to drive, they can be charged with a standard DUI, just like an adult. A conviction can result in jail time, significant fines, and a criminal record that will follow them for years to come. This is a Class W misdemeanor.
The prosecution's case often relies on the results of a preliminary alcohol screening (PAS) test, which is a breath test administered at the scene. While a minor can refuse to take this test, doing so can be used as evidence against them in court and can lead to an automatic license suspension. A skilled Omaha underage DUI lawyer will meticulously analyze the specific details of your case to challenge the prosecution's claims.
Penalties of Underage DUI Convictions in Nebraska
The direct legal penalties for an underage DUI conviction in Nebraska are steep and depend on the specific charge:
- "Zero Tolerance" Law Conviction (Infraction): A fine of up to $500. Your driver's license will be impounded for 30 days per violation.
- Standard DUI Conviction (First Offense): A Class W misdemeanor. A conviction can result in a jail sentence of up to 60 days, a fine of up to $500, and a license revocation of six months.
- Felony DUI: A conviction for a fourth or subsequent DUI can result in a lengthy prison sentence, a permanent criminal record, and a lengthy license suspension. A conviction for a third DUI offense is a Class I misdemeanor, with a jail term of up to one year and a fine of up to $1,000.
- Aggravated DUI: If a DUI causes serious bodily injury or death to another person, the charge can be elevated to a felony, regardless of prior convictions.
Setting the Standard for Excellence
Here's What Sets Omaha DUI Apart
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100% Free Consultations
Get a case evaluation with our experienced legal advocates at no cost to you.
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Proven Track Record
With a long history of wins for our clients, we're prepared for even the most complex cases.
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Leading With Compassion
We're committed to a people-first approach, and we truly care about our clients.
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Experienced Advocates
Our dedicated attorneys have helped thousands of clients just like you.
Building a Strategic Defense for Underage DUI Charges
Every case is unique, and we develop a defense strategy tailored to your specific circumstances.
As a seasoned Omaha underage DUI lawyer, we will leverage every possible defense, including:
- Challenging the Traffic Stop: An officer must have reasonable suspicion to pull you over. If the stop was illegal, all evidence obtained as a result may be suppressed.
- Disputing Field Sobriety Tests (FSTs): These tests are notoriously unreliable. We can argue that your performance was affected by medical conditions, fatigue, or environmental factors rather than intoxication.
- Questioning Chemical Test Accuracy: The accuracy of breathalyzer and blood test results can be challenged based on issues with the equipment, the testing procedures, or the chain of custody. We can argue that a false positive was caused by mouth alcohol or that the test was not administered correctly.
- Constitutional Violations: We will challenge any violation of your rights, such as an unlawful search and seizure or a coerced confession.
- Rising Blood Alcohol Defense: If your BAC was taken a significant time after you were driving, we can argue that your BAC was below the legal limit at the time of driving and rose afterward. This is a crucial defense in "zero tolerance" cases.
Why Clients Rely On Our Underage DUI Lawyer In Omaha
Omaha DUI is a trusted law firm founded in 2016, known for providing tailored legal representation across Omaha, Lancaster, Sarpy, Saunders, Cass, Douglas, and Seward Counties. Each underage DUI lawyer in Omaha at our firm is committed to navigating high-stress legal challenges for young people and their families, ensuring you never feel left in the dark.
We offer free consultations and invest the time to build legal strategies that fit your specific circumstances, advocating for the most favorable result possible—whether in negotiations or in local courts.
Our hands-on approach begins by listening to your concerns and understanding every detail of your case before we recommend any course of action. With multiple offices across Nebraska and the ability to meet virtually or in person, we make legal support accessible for every family. We maintain open lines of communication, so your questions are answered and your next steps are always clear.
Our process is thorough, transparent, and designed to reduce anxiety throughout your experience:
- Free consultation: We start with a no-obligation meeting to review your situation, discuss possible paths forward, and identify urgent issues that need immediate action.
- Individualized strategy: Our team analyzes police reports, BAC test results, arrest details, and any field sobriety testing for vulnerabilities or procedural concerns that could benefit your case.
- Clear communication: We explain legal terms, outline what you can expect at each stage, and answer your questions—so you understand every choice and potential outcome.
- Representation in local courts: We represent you at arraignment, pretrial hearings, and trial, providing strong advocacy in Douglas County and Omaha-area courtrooms.
- Step-by-step next steps: From administrative hearings about license suspension to diversion or treatment program enrollment, we help organize paperwork, coordinate with school officials, and keep your case on the right track.
- Long-term support: Our commitment does not end with your case—we advise families on reinstating driving privileges, addressing expungement opportunities, and navigating future background checks.
In addition to fighting for successful legal outcomes, our attorneys regularly collaborate with school counselors and community resources throughout Omaha and neighboring counties to address both the consequences and recovery process for youth and families.
Take The Next Step: Contact An Underage DUI Attorney In Omaha
You do not have to face the Nebraska underage DUI process alone. Contact Omaha DUI today to schedule a free, confidential consultation with a trusted underage DUI lawyer in Omaha. Our dedicated attorneys will answer your questions, help you understand every step, and protect your rights in court and with local authorities.
Call (402) 543-3754 or reach out online now to connect with compassionate legal help tailored to your family’s needs.