Nebraska Drunk Driving Defense Attorneys
- Bellevue
- Bertolini, Schroeder & Blount:
* Adoptions
* Child support - collection and modification
* Criminal defense
* Personal injury
* Estate planning and probate administration
* Real estate
* Social Security disability claims
* Business formation (corporations and limited liability companies)
* Civil litigation
* Collections
- Columbus
- William Neiman: A criminal case usually begins with an
investigation by law enforcement authorities. The reports of the law
enforcement agency are then forwarded to the local prosecutor (County
Attorney) who reviews the reports and sometimes conducts a further
investigation. If the local prosecutor files a charge, a complaint is
filed with the County Court alleging some violation of law. After the
complaint has been filed, a person is required to appear in Court for
an arraignment or first appearance; which is a court proceeding before
a judge who explains to you what you have been charged with, the
possible penalties, and your legal rights. Depending upon the type
crime charged, the specific procedures followed in a given case vary
greatly from case to case after the first court appearance. In a
criminal case, you are entitled to the presumption of innocence, and
that presumption continues until the prosecutor has proven your guilt
beyond a reasonable doubt; or until you plead guilty or no contest. One
of the more complicated aspects of a criminal case is that the
prosecutor must prove your guilt beyond a reasonable doubt by using
evidence that was constitutionally and legally obtained and which is
admissible in court. Courts will usually allow evidence to be presented
unless a proper objection is made to the use of the evidence. Most
laypersons do not have the legal expertise to understand whether the
evidence was constitutionally and legally obtained and whether the
evidence is legally admissible in a court proceeding.
- Fremont
- Johnson & Vaughn:
In the State of Nebraska, the legal limit is .10. Any amount over .10 means
that you can be arrested and charged with "driving under the influence". The
amount that any one individual can consume before being over the limit is
generally unknown until after you have been arrested and tested. There are a
great number of factors, which can effect your alcohol absorption rate, and
there is no safe answer for any individual as to an exact amount of alcohol you
can consume and still safely drive a motor vehicle.
- Hastings
- Seiler & Parker:
criminal cases, including traffic violations, minor infractions and misdemeanors, such as drunk driving (DUI/DWI), and the most serious felony indictments, such as drug possession, narcotics sales, theft and grand larceny, white-collar fraud, embezzlement, sex offenses, arson, and conspiracy
- Susan Alexander:
You should consult an attorney for individual advice regarding your own situation.
- Lincoln
- Witte, Glen:
Arrested for Drunk Driving in Nebraska?
The DUI laws in Nebraska are tougher than ever, with possible jail time and lengthy license revocation, plus fines, higher insurance and a misdemeanor or felony record. But you are not convicted yet. You have rights and real defenses.
If you are pulled over on suspicion of drunk driving, you should not answer questions or agree to perform roadside "tests." These can only harm you and never help you. Assert your right to remain silent and demand to talk to your attorney.
- Hoppe, James:
DUI
Cases involving driving under the influence are known by many different names, but all of them require the services of a skilled criminal defense lawyer, no matter whether your jurisdiction calls drunk driving DUI (driving under the influence), DWI (driving while impaired or intoxicated), OUI (operating under the influence), DUII (driving under the influence of intoxicants), OUIL (operating under the influence of liquor), DWAI (driving while abilities are impaired), OMVI (operating a motor vehicle while impaired), or even Òwet recklessÓ (alcohol related reckless driving). If youÕve been arrested for any of these crimes, the potential consequences are serious, but help is just a phone call or click away.
- Catlett, Matt:
thoroughly investigate the facts, evidence and circumstances surrounding your arrest, making certain that the police had probable cause to make the traffic stop and that you were properly advised of your rights before you made any statements to the police
- Recknor, Wertz & Associates:
* Drunk driving (also called DUI or DWI)
* Drug crimes, including narcotics distribution
* Theft
* Sexual assault
* Assault and battery
- Berry Law Firm:
examine the following issues in every DUI case:
* Did the arresting officer have a reasonable suspicion for pulling your vehicle over in the first place?
* Did the officer conduct a field sobriety test or preliminary breath test properly?
* Was there probable cause to arrest you for DUI?
* Was the breath or blood test to determine your blood alcohol concentration correctly administered at the station?
* Were their problems with the operator's certification or the machine's maintenance?
* Are their any medical, health or dietary explanations for a high blood alcohol reading?
Satisfactory answers to any of these questions can lead to dismissal of the charges, acquittal at trial, or the difference between a misdemeanor and felony drunk driving conviction.
- Reiman Law Firm:
all types of criminal charges, however, our focus is on crimes such as murder, manslaughter and negligent homicide; sex crimes, such as rape, sexual assault, child pornography and indecent exposure; and white collar crimes, including fraud, embezzlement and forgery
- Recknor Wertz:
* Education law
* Criminal defense
* Personal injury
* Family law
* Real estate transactions
* Evictions
* Estate planning
* Political subdivision disputes
- Chapin, Robert:
* Infractions, including speeding tickets, possession of drug paraphernalia, possession of small amounts of marijuana
* Misdemeanors, including theft, domestic assault, improper sexual contact, DUI
* Felonies, including weapons charges, drug offenses, sexual assault, burglary and robbery, plus aiding and abetting or being an accessory to any of these
* Probation and parole violations
* Post-conviction motions for relief
* Appeals
* Expungements and motions to set aside convictions
With So Much at Stake, Count on Experience and Honesty
If you have been charged with a crime, the future can seem anything but certain. You likely have many questions: What are the penalties I face? What is the worst that can happen? How will a charge or conviction affect my job or schooling? What if the police did something wrong? How do I fight this?
- Beckman Law Offices:
If you have been charged with drunk driving or a traffic offense, you should take the charges seriously. They could have long-term effects far beyond what the Court hands down as an initial punishment.
- Moore, Harry:
DUI/Driving Under the Influence:
"DUI" stands for Driving under the Influence and occurs when someone is operating, or is in actual physical control, of a motor vehicle while under the influence of alcohol or other controlled substance to the extent that their mental faculties are impaired and/or their blood alcohol content (BAC) is above the legal limit. Even for a first offense, penalties can include license suspension, substantial fines, community service, mandatory attendance at a state or DMV approved alcohol program, mandatory overnight incarceration and the required installation (at the offender's expense) of a car ignition locking device. In addition, a DUI conviction stays on a DMV record for several years, it typically results in higher insurance premiums, and an offender may become ineligible for credit. Plus, a DUI could also jeopardize your employment opportunities.
However, if someone was injured as a result of the drunken driving accident, it is possible the defendant will be charged with a felony (and if the victim dies, the driver may be charged with vehicular manslaughter). Further, a DUI conviction will likely be raised to a felony if it is the driver's fourth DUI offense or the driver has had a prior felony DUI offense within 10 years of the new charge.
- Naylor Law Office:
You must act quickly to take steps to maintain your driving privileges.
- Goltz, Jeffrey:
A police officer may try to make contact with you under one of the following circumstances: TheyÕre attempting to conduct a traffic stop, if you happen to be riding a bike or driving a car. They believe you may be a witness, victim, or perpetrator of a crime. TheyÕre just really friendly and want to say hello. In the first two cases, the officer may detain you for a finite period of time while conducting a traffic stop or other investigation. During this time, you are legally obligated to comply with any direct lawful orders the officer may give. In the third situation, the encounter is considered a consensual encounter, during which you may leave at any time. Asking the officer, Òam I free to leave?Ó is a good way to tell if you are being detained or not.
Traffic stops. During a traffic stop, an officer will use a patrol car or motorcycle to pull over a citizenÕs vehicle. The officer will make known his or her intent to pull over the driver by pulling behind the driverÕs car and displaying red and/or blue lights. The officer may also get the driverÕs attention by signaling with the patrol carÕs siren. When this occurs, one should follow this procedure to avoid any legal issues or misunderstandings: Signal your intent to cooperate by turning on your vehicleÕs hazard lights and reducing speed. Pull to the right slowly if it is safe to do so, and stop on the side of the road. If pulling over would block traffic, then pull off on the nearest side street or freeway exit. When stopped, turn off your engine. If it is dark outside, turn on your vehicleÕs interior lights. Keep your hands on the steering wheel and avoid making any sudden movements or reaching for anything. Comply with the officerÕs orders. Responding politely and affirmatively with Òyes officerÓ can make the difference between receiving a warning or getting a hefty traffic fine. If you receive a ticket or court summons, SIGN IT! Signing a ticket does not imply guiltÑbut failure to do so will get you arrested.
Searches. During traffic stops and calls for service, police officers will often ask for permission to search you, your car, or your home. The reason they ask is that without probable cause to search, they cannot unless they get verbal or written permission. An officer may Òpat downÓ a person being detained in order to check for weapons. This is known as a ÒTerry frisk.Ó However, unless the officer has permission from the person being detained, has probable cause that person being searched is in possession of illegal items, or is arresting the person, the officer may not search him or her. An officer may conduct a plain-view search of a vehicle while conducting a traffic stop. However, unless the car must be towed, or unless the officer has probable cause to believe that illegal items are in the car, or has permission from the driver, the vehicle may not be searched. An officer may not enter a personÕs home or search it unless the officer has probable cause that a crime is in progress or if he or she has permission to enter. Otherwise, an officer may not enter a personÕs home without a search warrant. In each of these situations, one need not give consent to a search by saying ÒI do not consent to any searches.Ó Failure to provide consent does not provide cause for a search or arrest. In addition, consent may be revoked at any time after it is granted.
If, for some reason you are placed under arrest, be sure to cooperate and do not resist. Any action you take or word you say may be documented and used in court. Your general demeanor during your arrest will also reflect how you are treated at the police station and in court. In addition, be sure to know your rights. Whether you are an adult citizen or non-citizen, you have certain rights if you are arrested. Before the law enforcement officer questions you, he or she should tell you that:
1. Anything you say may be used against you.
2. You have a right to have a lawyer present while you are questioned.
3. If you cannot afford a lawyer, one will be appointed for you.
These are your ÒMirandaÓ rights, guaranteed by the United_States_Constitution. If you are not given these warnings, your lawyer can ask that any statements you made to the police not to be used against you in court. But this does not necessarily mean that your case will be dismissed. And this does not apply if you volunteer information without being questioned by the police.
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- Kerns Law Office:
Suspected? ÊArrested? ÊCharged?
DON'T TRY TO TALK YOUR WAY OUT!
- Monzon Law:
Q: Do I need a lawyer even if I am innocent?
A: Every criminal defendant needs an attorney. Innocent people do end up in jail, and the best way to prevent such a miscarriage of justice is to hire a criminal defense lawyer. Your lawyer will work throughout the criminal justice process to ensure that your rights are protected and that the truth prevails.
- Franklin Miner:
You should consult an attorney for individual advice regarding your own situation.
- Oursland Law Office:
A DUI/DWI arrest is not something that should be taken lightly.
Some Commonly Asked Questions About DUI/DWI
What is the definition of DUI in Nebraska?
In Nebraska, it is against the law to operate or be in actual physical control of a motor vehicle while under the influence of any alcoholic liquor or of any drug, or with a blood alcohol concentration of .08 or more. Neb. Rev. Stat. 60-6,196.
What is "Blood Alcohol Level"?
The blood alcohol level, or BAC, is the percentage of alcohol detected in the blood. BAC is determined by either a blood test or a chemical breath test.
Does a person have to do field sobriety tests if requested?
No. There is no penalty for declining to perform standard field sobriety tests.
What happens if I refuse to submit to a preliminary breath test?
You will be arrested and taken to jail. You will be charged with refusal and fined $100.
What should I do if I am stopped for DUI in Nebraska?
Do not provide any information to the police other than your name, address, driver's license, and vehicle information. The police officer will ask you if you have been drinking. You do not have to answer this question. Politely but firmly decline to answer.
Do not admit to anything. Anything you say to a police officer can and will be used against you in court. The best practice is to remain silent. Do not make the officer's job easier by admitting to drinking. Some people believe that if they tell the police that they only had "a couple" of beers that the police will let them go. The fact of the matter is that the police won't believe you if you tell them you only had a couple of beers.
Do not perform field sobriety tests (FSTs). Standard FSTs in Nebraska are the one-leg stand, the walk-and-turn, the Romberg balance test, and the horizontal gaze nystagmus (HGN). You are not required under Nebraska law to perform any of these FSTs, and you cannot be arrested for refusing to do them. Again, simply tell the officer that you do not want to do the tests. In most cases, the officer will respect your request.
Request independent sample of your breath or blood. You have the right in Nebraska to have an independent test done of your blood or breath.
Ask to speak to an attorney immediately. Always ask to speak to an attorney. Your request will probably be denied, but asking for one puts the police on notice that you are standing on your rights.
Should you submit to a breath or blood test?
If you are arrested for DUI, you will be asked to provide a sample of your blood or breath for testing. As a general rule, if it is your first DUI, you should submit to a test. Refusing to do so can have the same consequences as a DUI conviction, and it is easier to prove a refusal than it is to prove a DUI. In addition, if you refuse to submit to a test, the DMV will revoke your license for one year. If you have prior DUI convictions, or if you suspect that your blood alcohol content will be over .15, you may have nothing to lose by refusing to submit.
- Laura Lowe:
-Traffic violations can have serious criminal consequences,
particularly when a driver is accused of driving under the influence. A
conviction on DUI/DWI charges will result in fines and possibly land
you in jail. In addition, your insurance company may increase your
rates to an unmanageable level. In defending against an impaired
driving charge, you have many rights as a criminal defendant, including
the right to cross-examine the witnesses against you, even if they are
police officers. An experienced attorney can make all the difference in
such a difficult case.
- Jeff Schmidt:
The stress and uncertainty of defending a criminal charge requires
active and effective representation. There are few things more precious
than your liberty and good name. Make sure they are protected to the
fullest exent possible. If you do find yourself in the unfortunate
situation of dealing with police, the courts, and prosecutors, going it
alone can be a serious mistake.
- Omaha:
- Drouillard Law:
The worst day of your life?
Finding out that you have been charged with a crime may be the worst thing that has ever happened to you. You may feel a desperate urge to talk about it with someone; but don't discuss it with anyone but your lawyer. Your personal feelings may include fear, embarrassment, anger, confusion, self-blame, and feeling helpless. You may have trouble sleeping as you try to recall details of something that happened in just a few moments in time and at a time when you weren't paying close attention to what was going on around you. You may fear what will happen to you, your job, your family. The first thing you need to do is retain a lawyer. Your lawyer will understand exactly how you feel and be able to give you the advice you need to start sleeping again. Your lawyer will stand by your side every step of the way, even if everyone else has abandoned you. Your lawyer will be your best and wisest friend at a time when you desperately need a friend.
What you should not do...
Do not talk to the police until you have met with your lawyer. The police are not your friend once you have been arrested or they begin to interrogate you. The interrogation may seem like friendly conversation, but it is intended to get you to say something which may incriminate you or catch you in a lie; perhaps just a mistaken statement. Police will often sound friendly and offer to help you or state they just want to hear your side so they can get the charges dropped. The officer may even be sincere about wanting to help you. That is not a good reason to talk without a lawyer present. If the police officer wants to help you, he will still want to help you when you have a lawyer by your side. Every criminal defense attorney can share a number of stories with you about how just one simple statement to the police meant the difference between being acquitted and being convicted of a crime. Don't take the risk, no matter how tempted you feel.
- Wilson, Michael:
While not to be taken lightly, a DUI charge should not ruin your life.
- Nelson Law Offices:
dui - ADMINISTRATIVE LICENSE REVOCATION CASE
If you are charged with Driving Under the Influence of Alcohol, you have two separate issues to deal with. The first is the Administrative License Revocation (ALR) process through the Nebraska Department of Motor Vehicles (DMV). This process relates only to your privilege to drive-it does not include penalties for jail, fines, court costs, probation, etc as described in the next section below. The ALR process applies only to DUI-Alcohol cases and does not apply to DUI-Drug cases. If you submit to a breath test and test over the legal limit of 0.08 or if you refuse to take the breath test, the police officer will confiscate your license and issue you a thirty day temporary license. Once the temporary license expires, your privilege to drive in Nebraska will be revoked for 90 days, unless you have a prior administrative license revocation or if you refuse to submit to the chemical test. If you have a prior administrative license revocation for a DUI or you refuse to submit to a chemical test, your license will be revoked for one year at the expiration of the 30-day temporary license. It is very important to note that you only have 10 days from the date of arrest to file a petition to challenge whatever license revocation you might be facing. It is preferable that the attorney file this petition for you if you are represented by counsel. It is also important to note that the laws may be different if you are a minor or operating a commercial motor vehicle. Just because you file the petition to challenge your administrative license revocation does not mean you will be successful and avoid a revocation. However, you will certainly lose your license if you or your attorney fail to file the petition within 10 days of the date of arrest. Your desire or need to keep your license to travel to work, school or wherever else is not a defense to your administrative license revocation. There are multiple defenses to an administrative license revocation that will likely only be known by an attorney who practices significantly in this area of the law. A qualified attorney can increase your chances of avoiding an administrative license revocation.
If your license is revoked, you must be aware that being convicted of driving under revocation can lead to harsh penalties, include jail time, a probation violation, and an additional one-year revocation of your license. Therefore, it is beneficial to have an attorney that understands what steps one can take to obtain a restricted license to be able to drive during your revocation. Obtaining a restricted license can reduce your chance of being prosecuted for driving under revocation and the harsh penalties associated with a conviction. There are two types of restricted licenses: 1. work permit & 2. ignition interlock device. There are pros and cons to each. A restricted license is generally available for only part of the revocation and in some cases the entire period. In some situations, a person will be eligible for one type of restricted license but not the other. An attorney can help determine your eligibility for a restricted license, which option-if any-is best for you, and how to apply for a restricted license. Be aware the Nebraska legislature recently changed the law pertaining to restricted licenses so more people now have the ability to obtain a restricted license than before.
A Special Note About Blood Draws: In some cases, police officers will request that a person suspected of DUI submit to a blood draw rather than a breath test. In these cases, the blood must be drawn by a qualified person in a manner that complies with certain rules and regulations. It will take a few days before the blood can be tested and your alleged alcohol concentration determined. As the results are not immediately known at the time of arrest or citation, the administrative license revocation does not begin as it would if you failed a breath test at a police station-your license will not be confiscated by the officer nor will you be given a temporary license. Instead, the officer will await the test results, complete a temporary license when he receives the results if they show you were over the legal limit and then forward your temporary license to the DMV. The DMV will in turn send you via certified mail a copy of your temporary license with your test results along with a letter advising you of the deadline by which you or your attorney must file your petition to challenge your administrative license revocation.
- Dunn & Stockman:
In Nebraska, drunk driving is a serious crime with potentially serious consequences. An arrest can result in many financial, legal and social consequences that could negatively affect your life. If you are convicted, there may be serious consequences that could include jail time, license revocation, fines and probation time. These consequences only increase if you already have a previous DUI conviction.
- Khaleek Law Firm:
Personal & Business Bankruptcy
Litigation / Dispute Resolution
Immigration and Deportation Defense
Criminal Defense
Divorce and Custody
- Ikelar, Thomas:
If you've been arrested for a DUI or DWI you must contact an Omaha criminal defense attorney immediately. You have only 10 days from the date of the arrest to request an administrative hearing to challenge the suspension of your license.
- Johnson Law Offices:
Drunk Driving and Traffic Offenses
It doesn't matter if it is your first drunk driving (DUI/DWI/OWI) offense or your fifth. When you are charged with drunk driving there is more than just your driver's license at stake. Having a DUI conviction on your record can impact future employment opportunities. While the stakes are even higher for aggravated drunk driving and subsequent DUI offenses, having an attorney represent you even in your first offense can help you negotiate plea terms and find weaknesses in the state's case against you.
- Copple, Rockey & McKeever:
* White collar crimes such as fraud and embezzlement
* Manslaughter
* First degree murder
* Sexual assault
* Juvenile criminal matters
* Computer Crimes
* Property Crimes
* Weapons Violations
* Drug Crimes
* DUI/DWI/Drunk Driving
- Whelan Law Office:
# Criminal Law
* Federal Crimes
* Felonies
* Misdemeanors
* Drunk Driving Charges
- Tighe Law Firm:
criminal defense and personal injury
- Rowen, Thomas:
DUIÕs are a very scary thing. In most instances, the offender simply made a mistake in deciding to drive after drinking. There are always constitutional issues in a DUI case for which you will need an attorney. If you do an internet search on the Department of Motor Vehicles website you can obtain a good background of the DUI laws in Nebraska. An attorney will help you understand those laws and guide you through your case.
- Kelly, Brendan:
General Criminal Penalties for Most Common DUI Offenses
First Offense
Jail Sentence: Probation Sentence:
- 7 to 60 days in jail - 60-day license revocation
- 6-month license revocation - $400 fine
- $400 - $500 fine
First Offense with an Alcohol Concentration of .15 or Higher
Jail Sentence: Probation Sentence:
- 7 to 60 days in jail - 1-year license revocation
- 1-year license revocation or Impoundment
- $400 - $500 fine - $500 fine
- 2-days in jail or not less
than 120 hours UPS
Second Offense
Jail Sentence: - Probation Sentence:
- 30 to 90 days in jail - 10 days in jail or not less than
- 1 year license revocation 240 hours of UPS
- 500 fine - 1 year license revocation
- $500 fine
Second Offense with an Alcohol Concentration of .15 or Higher
Second Offense with an Alcohol Concentration of .15 or Higher
Jail Sentence: Probation Sentence:
- 90 days to 1-year in jail - 30 days in jail
- 1 year to 15-year license revocation - 1 - 15 year(s) license revocation
or impoundment or impoundment
- up to a $1,000 fine - $1,000 fine
Third Offense
Jail Sentence: Probation Sentence:
- 90-days to 1-year in jail - 30 days in jail
- 15-year license revocation - 2 to 15 year license revocation
- $600 fine - $600 fine
Third Offense with an Alcohol Concentration of .15 or Higher
Jail Sentence: Probation Sentence:
- 180-days to 5-years in jail - 60 days in jail
- 15-year license revocation - 5 Ð 15 year license revocation
- Up to a $10,000 fine - $1,000 fine
- Bianchi, Michael:
Because a Guilty Plea is Not Your Only Option
The first thing anyone who has been charged with DUI should do is send in a request for an administrative hearing. Your administrative hearing (ALR) only deals with the immediate revocation of your driving license, but if you fail to request a hearing, you can not challenge the immediate revocation of your driving privileges.
When it comes to fighting your criminal charges, it is important to understand that DUI law has changed almost annually for the last ten years. The laws continue to become stricter, to the disadvantage of the motorist. As the law becomes more complicated and far more penalizing, it becomes even more critical that you have an attorney who knows when and how to fight versus when to negotiate a plea.
Aggravated Drunk Driving and Additional Penalties
In certain circumstances, a DUI carries increased consequences. Nebraska also has aggravated drunk driving charges for drivers whose BAC was .15 or more. Did you know that a first time offender may be required to do jail time? And if you have a commercial driverÕs license (CDL), the consequences are especially grave. Regardless of what vehicle you were driving at the time of the DUI, your second offense may result in permanent suspension of your CDL.
- Reisinger Law Office:
A DUI/DWI conviction in Nebraska carries severe fines and penalties. Depending on their Blood Alcohol Content (BAC), first-time offenders face seven to 60 days of jail time, a fine of $400 to $500, and license revocation of 6 to 12 months. The fines and penalties increase with every subsequent offense.
- McGough Law:
MIRANDA WARNINGS
An area of confusion for many of our Nebraska clients who have been arrested and charged with a crime has to do with ÒMirandaÓ warnings. Therefore, as a service to our Nebraska criminal defense clients and prospective clients, we offer answers to the following frequently asked questions:
What is a Miranda warning?
A Miranda warning advises individuals of their constitutional right not to answer questions that would incriminate themselves and to have a lawyer present before answering any questions.
If I am not under arrest, do I have to answer a police officerÕs questions?
No. Unless you are placed under arrest you are free to leave at any time. However, if a police officer stops you while you are walking, and asks you for identification, it is probably in your best interest to provide such information. The courts have allowed police officers to detain people for extended periods of time in an effort to determine the identity of the individual.
- Nelson Law:
After a defendant has been arrested, he will be scheduled for an arraignment. The defendant may have been released on bail or his own recognizance, or he may have been required to remain in jail until his arraignment. An arraignment is a proceeding whereby the offense that the defendant is charged with is read to him and he enters a plea to the offense charged.
- McGaughLaw:
DUI (Driving Under Influence) offenses carry serious penalties. Jail time, loss of your driver's license, and a stiff fine or lengthy probation are all possible sentences you may face. You need aggressive representation from someone who understands DUI cases, and who is not afraid to stand up in court to protect your interests.
If you are charged with DUI, you will most likely face two separate battles: one before the Department of Motor Vehicles, and another in front of the Criminal courts.
- Gregory Nelson:
Whenever you get arrested or ticketed for a D.U.I., you face two very important issues. The first
issue involves the Administrative License Revocation process conducted by the Nebraska Department of
Motor Vehicles. This process involves the suspension of your driving privileges in Nebraska. The
most important thing you need to remember is that you only have a short time to contest this
administrative license revocation. It is imperative you contact an attorney very soon after your
arrest so you donÕt miss any deadlines. If you do, you will waive your right to challenge your
revocation. If you do lose your license administratively, an attorney can assist you in obtaining a
restricted license allowing you to drive under certain conditions. However, it is important to note
that in some situations you will be unable to obtain a restricted license.
The second issue you face
involves the criminal prosecution of your case in the jurisdiction where you received your D.U.I. A
D.U.I. prosecution and conviction subjects you to the following possible penalties: jail, probation,
community service, fines, court costs and further suspension of your license. In July of 2006, the
Nebraska Legislature increased the penalties for most D.U.I. offenses. For example, jail time and a
one-year license suspension are now mandatory for certain first-time D.U.I. offenses. It is also
now possible to face a felony D.U.I. prosecution consisting of more lengthy incarceration and a
possible 15 year license suspension after only 2 prior D.U.I. convictions. The Nebraska Legislature
has targeted D.U.I. offenders as public enemy number one. The penalties have increased dramatically
and the consequences can be life-altering.
- >Matthew Knoblauch:
DUI/DWI
Being ticketed and arrested for a DUI/DWI is a scary situation. Conviction of a DUI/DWI can lead to:
# fines
# restricted or suspended license
# mandatory DUI/DWI education classes
# probation
# community service
# jail time
You need an experienced attorney to represent you. Though you can contest a DUI/DWI charge yourself, Matt Knoblauchâs representation will help make sure you know your rights and fight to lower the penalties related from a DUI/DWI.
DWI and DUI
Driving While Intoxicated or Driving Under the Influence (DWI or DUI) is
one of the most common criminal charges faced by the average person.
Police officers enforce DWI laws strictly, and it is easy to be wrongly
accused. Penalties for DWI cases have also become more and more severe
in recent years: a person charged with a second DWI can face up to a
year in jail and a $4000 fine. Deferred adjudication is specifically
disallowed in DWI cases. If your license is suspended because of a DWI
violation, you will have to pay $1000 a year for three years to be able
to drive. If you have been arrested for Driving While Intoxicated, you
need an aggressive criminal defense lawyer with the knowledge and
experience to hold the state to its burden.
What about my license?
If you are arrested for a DWI, call a lawyer
immediately. You have a limited time to contest the revocation of your
license, and the results of a revocation hearing can help you in the
criminal case later on. DWI penalties
Penalties for Driving While Intoxicated are becoming increasingly
severe. The punishment depends on the circumstances of the arrest:
* First Offense: A fine not to exceed $2,000 and/or the possibility
of jail time from 3 days to 180 days, as well as a driver's license
suspension of 90 to 365 days (class B misdemeanor) * Second Offense:
A fine not to exceed $4,000 and/or jail from 30 days to one year, as
well as a driver's license suspension ranging from 180 days to 2
years (class A misdemeanor) * Third Offense: A fine up to $10,000
and/or 2 to 10 years of imprisonment, as well as suspension of your
driver's license ranging from 180 days up to 2 years (third-degree
felony) * First Offense with an Open Alcohol Container: In addition
to the penalties referenced above for a first offense, you face a
minimum of 6 days in jail and a fine of no more than $2,000 (class B
misdemeanor) * DWI with an Accident Where Serious Bodily Injury
Occurred as a Proximate Cause of the Intoxication (Intoxication
Assault): A minimum of 2 years up to a maximum of 10 years in jail
and a possible fine of up to $10,000 (third-degree felony) * DWI
Where a Death Has Occurred as a Proximate Cause of the Intoxication
(Intoxication Manslaughter): A maximum fine of $10,000 and/or
imprisonment from 2 to 20 years (second-degree felony)
- Jeff Courtney:
Adverse consequences may apply for failure to act quickly. For
instance, if you are charged with driving under the influence, you will
lose your driving privileges for 12 months unless you request a hearing
within 10 days.
- Alan Stoler:
You should consult an attorney for individual advice regarding your own situation.
- Robb Gage:
DUI convictions are reaching record highs in Omaha.
In the past, most DUI drivers in Omaha, Nebraska had to sit out their no license periods with no work permit or interlock permit. Because of recent legislation in Nebraska, drivers who receive duiÕs in Omaha or across the state are likely eligible for the ignition interlock device. Ignition interlock is a technology that allows courts and probation officers to monitor the driving and drinking habits of probationers. Praised because it allows DUI drivers to keep driving but prevents them from driving drunk. In one sense it allows the drunk driver more freedom by allowing driving, and, in another sense, it tightens the reins on drunk drivers by preventing drunk driving.
HereÕs how it works. A DUI driver arrested in Omaha, Nebraska is found guilty of DUI. At sentencing, the driver hires an Omaha DUI lawyer who can request that the defendant be ordered to install the ignition interlock. After a short waiting period of either 30 or 45 days, the defendant may apply for the ignition interlock license. What is necessary to accomplish that is 1) a court order authorizing the license and 2) a certificate of installation from an approved installer.
- Casey Quinn: Promptly hiring an experienced lawyer is
important if you have been charged with DUI / DWI. Your auto
insurance rates can go up, and you may lose your license.
- W. Russell
Bowie:
Nebraska's limit for drunk driving is .10. There is no lower standard for
impaired driving, although convictions are possible just on the officer's
opinion of intoxication. Refusal to take the breath, blood or urine test is the
same as flunking, except that you will also lose your driving privileges for a
year. Once an officer directs a breath test, you cannot opt for a blood or
urine test.
- Holthaus Law Office: Have you been arrested? Discuss your case
with an experienced Criminal Defense Attorney prior to making decision
that may affect your future.
- John Lefler:
DWI - DWI arrests can lead to criminal penalties, administrative license
suspensions, auto insurance policy cancellations or significant premium
increases, loss of employment and other consequences. If arrested, contact an
attorney immediately.
- Tom Peterson:
If you are stopped by a law enforcement officer and suspected of drunk driving,
you will probably be asked to take some type of test to determine your blood
alcohol level. In Nebraska you are required to take a preliminary breath test
and an intoxilyzer test, however you are not required to take other field
sobriety tests such as touching your finger to your nose. If you refuse to take
the intoxilyzer, you will have you license suspended for one year, regardless
if you were drunk or not. While it is important that you do not make any
incriminating statements to the officer, you should always act in a courteous
and respectful manner to the investigating officer. This information is general
and should not be used for legal purposes. Always consult an attorney before
pursuing any legal matter.
- Pappilion
- Baxley Law Office:
In Nebraska someone can be guilty of driving under the influence of alcohol in two ways.
First, someone can be Òdriving under the influence,Ó which means they are driving after the ingestion of alcohol or drugs in an amount sufficient to impair to impair their ability to operate a motor vehicle in a prudent and cautious manner. Second, someone can have over a .08 "alcohol concentration."
So, how do the police build a DUI case against you?Ê They basically use three factors.Ê First they see how you are driving. They can say that in their opinion you were not operating it in a "prudent and cautious manner." Second they "ask" you to take a series of coordination exercises or ÒtestsÓ. This is where they get evidence of impairment. Make no mistake; these tests are designed for failure.Ê Finally, they ask for a breath or blood test.Ê This is to show your alcohol concentration was .08 or over.
- William Warnes Se habla espa–ol:
You should consult an attorney for individual advice regarding your own situation.
- Scottsbluff
- Island, Huff & Nichols:
You should consult an attorney for individual advice regarding your own situation.
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