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Omaha DUI Defense Lawyer

Omaha DUI Defense Lawyers

How a DUI / DWI Attorney Can Help You

Arrested for DUI?? The attorneys at The Dornan Law Team provide a free initial consultation to help you understand the charges against you and how we can help you protect your license, freedom and your future.

If you or a loved one has been arrested for a DUI in Nebraska or Iowa, you are likely overwhelmed and worried about what happens next.? The typical DUI charge happens to law-abiding citizens who had a lapse in judgement or were caught at the wrong place at the wrong time.? As a result, not only do most people with a DUI have very little experience with the criminal justice system, but they also have a lot to lose.? A DUI can impact your employment, your insurance rates, and even where you are able to live as many rental agreements now include background checks.

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.?

Did the police officer have a good reason for the initial pullover?
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.

Did the equipment used and evidence produced all follow the correct procedures?
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

To see a full breakdown of the DUI penalties in the state of Nebraska click here.

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 more 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 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 option for 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 option for 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 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

Call 402-884-7044 or Email Today.


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