How a DUI / DWI Attorney Can Help You
Omaha DUI Defense Lawyers
People are never arrested at a convenient time. In many cases, our clients’ jobs and the welfare of their families are put in jeopardy. The criminal defense attorneys at Dornan Law Team work present release plans to judges that allow their clients to return home and to their employment.
In some instances, inpatient or outpatient treatment is a prerequisite. In other cases, the attorneys are able to gather the needed information from an employer or verification of family and local contacts to present to the judge for reconsideration of the bond amount at a bond review hearing.
I Was Drinking, and I Drove. I’m Guilty. How Can a Lawyer Help Me?
While you very well may have been driving a car after drinking, that does not necessarily make you guilty. You are innocent until proven guilty, and it’s the prosecutor’s job to prove beyond a doubt that you were over the legal limit and operating a motor vehicle. There are possible defenses to a DUI charge, and we will aggressively pursue them when possible. However, even if your intent is to plead guilty, a lawyer can still help you. Our DUI attorneys have extensive experience working with the prosecution to arrange a sentence that disrupts our client’s day-to-day life and ability to get to work as little as possible.
Possible Defenses to a DUI Charge
While the elements of a DUI (being over the legal limit at the time you’re operating a motor vehicle) are straightforward, there are still some possible defenses for drivers arrested for DUI.
The police can not just pull you over and give you a breathalyzer test on a hunch or because they feel like it. The police need to have a legitimate reason to pull you over. Most DUI charges happen when someone has been pulled over for some other reason, a broken tail light, expired registration, or failing to come to a complete stop. After the initial pullover, the officer may begin a DUI investigation if there is reason to do so.
The entire case against you relies on your BAC (blood alcohol content) at the time of your pullover or arrest. There are a few scenarios where we can question how law enforcement gathered, handled, or stored the evidence against you. There have been successful defenses that challenge the breathalyzer testing machine because of inconsistent results, or in certain cases, the calibration or maintenance of the breathalyzer machine.
What Are the Penalties for a DUI Conviction?
The penalties for a DUI conviction in Nebraska rely on two factors:
- Whether you were over the Aggravated limit for BAC
- Any past DUI Convictions on your Record
Most of the time your sentence is going to be some combination of four factors including:
- Fines
- License suspension
- Mandatory Ignition Interlock
- Jail
The lawyers at Dornan Law Team provide a free initial consultation to help you understand your options for the defense of a DUI charge in Nebraska and Iowa. We accept all major credit cards and can arrange payment plans in certain situations. Contact us today to learn how we can help.
DUI PENALTIES (with minimum terms of probation)
1st Offense DUI
(Nonaggravated-test between .08 and .15) or Refusal
Class W Misdemeanor
| Probation | $500 fine 60 days loss of license with mandatory ignition interlock (i.i.) |
| Jail | 7-60 days jail $500 fine 6-month loss of license with mandatory i.i. |
1st Offense DUI
(Aggravated-test above .15)
Class W Misdemeanor
| Probation | 2 days jail or 120 hours of community service (c.s.) $500 fine 1-year loss of license with mandatory i.i. |
| Jail | 7-60 days jail $500 fine 6-month loss of license with mandatory i.i. |
2nd Offense DUI
(Nonaggravated)
Class W Misdemeanor
| Probation | 10 days jail or 240 hours c.s. $500 fine 18-month loss of license with mandatory i.i. after 45 days |
| Jail | 30-180 days jail $500 fine 18-month loss of license with mandatory i.i. after 45 days |
2nd Offense DUI
(Aggravated) or Refusal
Class I Misdemeanor
| Probation | 30 days jail $1,000 fine 18-month -15 year loss of license with mandatory i.i. after 45 days |
| Jail | 90-365 days jail $1,000 fine 18-month -15 year loss of license with an option for a judge to order i.i. after 45 days |
3rd Offense DUI
(Nonaggravated)
Class I Misdemeanor
| Probation | 30 days jail $1,000 fine 2 -15 year loss of license with mandatory i.i. after 45 days |
| Jail | 90-365 days jail $1,000 fine 15-year loss of license with an option for a judge to order i.i. after 45 days |
3rd Offense DUI
(Aggravated) or Refusal *Note, this offense and greater are Felony offenses.
Class 3A Felony
| Probation | 60 days jail $1,000 fine 5-15 year loss of license with mandatory i.i. after 45 days |
| Jail | 180 days in jail-3 years in prison and 18 months post release supervision $0-25K fine 15 year loss of license with option for judge to order i.i. after 45 days |
4th Offense DUI
(Nonaggravated)
Class 3A Felony
| Probation | 90 days jail $2,000 fine 15-year loss of license with mandatory i.i. after 45 days Mandatory minimum cam bracelet for 90 days |
| Jail | 180 days in jail-3 years in prison and 18 months post-release supervision $0-25K fine 15-year loss of license with an option for judge to order i.i. after 45 days |
4th Offense DUI
(Aggravated) or Refusal
Class 3A Felony
| Probation | 120 days jail $2,000 fine 15 year loss of license with mandatory i.i. after 45 days Mandatory minimum cam bracelet for 90 days |
| Jail | 0-20 years in prison $0-25K fine 15 year loss of license with option for judge to order i.i. after 45 days |
5th Offense DUI
(Nonaggravated)
Class 2A Felony
| Probation | 180 days jail $2,000 fine 15 year loss of license with mandatory i.i. after 45 days Mandatory minimum cam bracelet for 180 days |
| Jail | 2-20 years in prison $0-25K fine 15 year loss of license with option for judge to order i.i. after 45 days |
5th Offense DUI
(Aggravated) or Refusal
Class 2 Felony
| Probation | 180 days jail $2,000 fine 15 year loss of license with mandatory i.i. after 45 days Mandatory minimum cam bracelet for 180 days |
| Jail | 2-50 years in prison $0-25K fine 15 year loss of license with option for judge to order i.i. after 45 days |
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