Omaha Felony DUI Lawyers

When a Misdemeanor Becomes a Felony DUI

At what point does a DUI become a felony in Nebraska? Here’s what you need to know:

• Nebraska treats first and second offense DUIs as misdemeanors.
• Third-offense DUIs cross into felony territory.

Escalations from misdemeanors to felonies in Omaha don’t happen by chance. There are very specific criteria. Here’s an example:

• When your blood alcohol level is below .15% and you submitted to chemical testing, a third offense DUI in Nebraska is classified as a class W misdemeanor.
• When your blood alcohol level is above .15%, and you refused chemical testing, a third-offence DUI is elevated to a class IIIA felony.

Felony DUI convictions in Nebraska can carry up to three years in prison and 18 months of post-release supervision. Those convicted may also be ordered to pay up to $10,000 in fines and face up to 15 years of license revocation.

DUI Causing Bodily Injury in Omaha

DUIs causing serious bodily injury are considered extremely heinous in Nebraska. Even a first-time offense can trigger felony charges, depending on the circumstances. And if someone dies because of your impaired driving, the charge can change from felony DUI to vehicular homicide, with penalties including up to 20 years in prison and fines up to $25,000.

Understanding Felony DUI Consequences

A felony DUI conviction in Omaha can create consequences that outlast a prison sentence, so it’s important to understand all possible penalties. For example, a felony record can follow you throughout your entire life and show up on job applications, housing searches, and professional licensing processes. It can also strip you of your right to vote and own or possess a firearm.

Felony DUIs often affect child custody proceedings and other aspects of family law. And unlike a misdemeanor, felonies can’t be sealed under Nebraska’s Clean Slate program. The only post-conviction relief available is a set-aside, but that doesn’t remove the felony from public records.

Omaha felony DUI lawyers at Dornan Law Team know how these convictions can impact your ability to work, live independently, and maintain relationships. We consider the full weight of what a conviction means when determining your best defense. Reach out today for a free consultation.

Omaha Felony DUI Lawyer Defend Your Rights

Felony DUI cases in Nebraska aren’t based on whether or not you were drinking. Omaha felony DUI lawyers win or lose your case based on the quality of evidence, how it was gathered, and whether the prosecution can prove each element beyond a reasonable doubt.

Experienced divorce attorneys will analyze the stop, the field sobriety tests, breathalyzer accuracy, blood test chain of custody, and prior conviction validity. They will also look at aggravating factor disputes like whether your BAC really exceeded .15% or whether injuries legally qualify as “serious bodily injury” based on the facts.

Alternative Sentencing

Nebraska has problem-solving courts and alternative sentencing options for many DUI charges. The state offers DUI/Drug Courts in several jurisdictions designed as alternatives to traditional sentencing for eligible defendants. These are treatment-focused programs that prioritize rehabilitation instead of incarceration.

Exploring alternative sentencing with an Omaha felony DUI lawyer can help you make sense of the legal system in Nebraska. Outcomes depend on the facts of your case, your criminal history, and your goals. Start the conversation with your attorney sooner rather than later.

Next Steps

Early legal intervention is essential in high-stakes felony DUI cases. You only have 10 days from when you were arrested to request a hearing and challenge your license revocation. And that window doesn’t pause because you’re sitting in jail or miss the deadline. Contact Dornan Law Team now.

In the meantime, don’t speak to law enforcement or assume that a prior conviction makes your outcome inevitable. Omaha treats a felony DUI seriously, but your case is defensible. However, the strength of your defense depends on how quickly and thoroughly your legal team can build it.

Schedule Your Consultation Today

An Omaha felony DUI charge is one of the most serious criminal charges a defendant can face in Nebraska’s court system. The stakes are exceptionally high, and the timelines are tight. Who you call first and secure as your legal counsel is important.

We handle serious criminal defense cases in Omaha and throughout Nebraska. Contact Dornan Law Team today to schedule your free consultation and get the answers you need to protect your rights.