DUI Attorneys Protecting and Defending your Rights in Omaha

Omaha DUI Lawyers

Learn the Laws & Penalties of DUI in Nebraska

Slowiaczek Albers is one of the longest-standing law firms in Omaha, Nebraska. Our attorneys have the knowledge and professional experience to defend you against any DUI charge you’re facing in the Omaha area. Put a team of serious, confident attorneys on your side.

Call Slowiaczek Albers at (402) 928-2007 or contact our firm online for more information.

What Constitutes Driving Under the Influence?

In Nebraska, it is unlawful for a person to operate or be in “actual physical control” of a motor vehicle:

  • while under the influence of alcohol or drugs; or
  • with a blood alcohol content (BAC) of .08% or more.

Note that a driver will be considered “under the influence” when their ability to safely operate a vehicle is impaired to any “appreciable degree.” The criminal penalties imposed for DUI convictions usually depend on the severity of the incident, as well as the defendant’s BAC level, whether probation or a suspended sentence is granted, and whether the defendant has prior DUI convictions.

Penalties and Sentencing

Generally, DUI penalties are more severe if the defendant’s BAC was .15% or more and less severe if probation (a suspended sentence) is granted. If the sentence is suspended, the defendant is typically sentenced to jail time but is allowed to serve all or part of the time on probation instead of in jail. The original sentence can be reinstated if the defendant violates probation. Note that all DUI convictions within 15 years of the current offense are counted as prior offenses.

A defendant can petition for an administrative hearing to contest their license revocation. In lieu of a hearing, the individual can apply for an IID permit to use during the revocation period. To obtain the permit, the driver must provide proof that an IID is installed on one or more vehicles operated by them.

Implied Consent and Consequences for Refusal

Be aware that Nebraska operates under implied consent laws that require all drivers lawfully arrested for DUI to submit to breath, blood, and/or urine testing. The Nebraska Department of Motor Vehicles (DMV) will revoke the license of any motorist who fails or refuses to submit to chemical testing.

Generally, a BAC of .08% or more is deemed a failed test. However, the threshold is even stricter for a person who holds a commercial driver’s license, where a BAC of .04% or more is considered a failed test, and for a person under 21 years of age, where a BAC of .02% or more is a failed test.

Drivers who refuse a chemical test will face jail and fines in addition to their DUI penalties. Note that all DUI offenders must complete an alcohol assessment and the recommended treatment program. The defendant is usually responsible for all fees associated with treatment. For second and subsequent DUI convictions, a defendant can be required to use an alcohol monitoring device and abstain from alcohol use during the license revocation period.

Let a Serious Legal Professional Defend You

If you are facing a conviction for driving under the influence in Omaha, it is important to enlist the help of an attorney immediately to fight your charge. Whether this is your first or third DUI charge, effective representation will make the difference between manageable and unfairly severe penalties. Our attorneys at Slowiaczek Albers can represent your DUI case and argue for mitigated penalties or even for a dismissal of your charge, depending on the situation.

To learn more about how we can help, schedule a consultation with Slowiaczek Albers. Call (402) 928-2007 or submit an online contact form today!

Why Hire Us?

The Firm Your Family & Case Requires
  • When You Hire Us, You Hire the Entire Team to Focus on You
  • Over 80 Years of Combined Legal Experience & Results
  • The Firm Other Firms Turn to for Advice
  • We Are Actively Involved in Improving the Law as It Impacts Nebraska Families