Driving Under the Influence (DUI)
DUI Defense Lawyers in Omaha – (402) 810-8611
Your driving privileges and your freedom are at stake after you are charged with a DUI in Nebraska. Not to mention, a DUI conviction will certainly include fines and fees you have to pay to the state, jeopardizing your finances as well.
With so much on the line with a single criminal violation, you have to take the situation seriously and get to work on your defense right away. Come to Carlson & Burnett in Omaha to get award-winning DUI defense attorneys in your corner. By providing powerful defense strategies for our DUI clients, we are here to make certain one mistake does not put a tarnish on your livelihood and reputation for years to come.
Contact us right away if you want to schedule a FREE, confidential initial case evaluation.
How Does Nebraska Constitute a DUI?
In Nebraska, it is unlawful to operate a motor vehicle if you have a:
- Blood alcohol concentration (BAC) level of 0.08 or greater
- BAC level of 0.02 or greater and you are under the age of 21
It is also illegal in Nebraska to operate a motor vehicle while you are impaired by any drug or alcohol to the point that driving becomes dangerous. In other words, you could have a BAC level below 0.08 and still be charged with a DUI if it is determined that drinking alcohol prior to driving is what made you allegedly drive recklessly.
Furthermore, you can be charged with a DUI if you are simply in “actual physical control” of a vehicle, whether or not it is in motion. This extension of the DUI definition allows you to be arrested and charged for a DUI if you are sleeping in the back of your car while intoxicated, for example.
Criminal & Administrative Penalties for DUI Convictions
The penalties you face upon conviction of a DUI will vary depending on your own driving record and how you handled your arrest. At the least, you will be facing a class W misdemeanor under Nebraska’s criminal statutes. At worst, you could be facing a felony.
Penalties you may incur if convicted of a first-time DUI include:
- 180-day driver’s license suspension
- $500 fine
- One week to two months in jail
- Up to one-year ignition interlock device use
The above penalties will only increase in severity depending on how many prior DUI convictions you have on your criminal record. Nebraska keeps DUI marks on your record active for 15 years.
Keep in mind that if you are told to take a chemical test at the police station to determine your BAC level, it is generally in your best interest to do so. Refusing to take a mandatory chemical test can result in the immediate one-year revocation of your license, even if you have no trace of alcohol in your body.
We Help You Stand Up for Yourself
Being accused of a DUI and charged with so serious a crime can be intimidating. You might feel like you have to stay quiet and go along with whatever the police and prosecution say. Do not be stifled by their actions. Call (402) 810-8611 and get our Omaha DUI attorneys on your side. We can become your voice when you once thought you had none.
FREE consultations are available to inquiring clients.