The punishment for a second offense DUI is harsh. You’re facing mandatory jail time and steep fines.
If you face a second DUI offense, hire an experienced criminal defense attorney to guide you through the legal complexities. You need someone who understands DUI laws and can build a strong case for the best possible outcome. In some cases, you could avoid jail time.
Here’s a closer look at the consequences of a second offense DUI conviction and why you need an experienced Omaha DUI lawyer to obtain the best possible outcome in your case.
Nebraska’s DUI Laws and Penalties
Driving Under the Influence (DUI) offenses in Nebraska are subject to strict laws and penalties, particularly when it comes to repeat offenders. Nebraska, like many other states, uses chemical tests of a driver’s blood, breath, or urine to determine the concentration of alcohol or the presence of drugs in their system.
If a driver’s blood alcohol content (BAC) is above the legal limit, the driver may be charged with driving under the influence. In Nebraska, the legal BAC limit for drivers aged 21 and over is 0.08 percent. However, for commercial drivers, the limit is lower at 0.04 percent, and for individuals under 21, it’s 0.02 percent.
If you’ve been convicted of a DUI within 15 years of being convicted of another DUI you face stiffer penalties as a subsequent offender.
There are two options of penalties for someone who is convicted of a second offense DUI. The court may impose a term of probation or a jail term. If a probation term is imposed and the individual’s BAC is at least 0.08 percent but less than 0.15 percent, the mandatory penalties are:
- 45 day no drive period
- 18-month license revocation
- $500 fine
- 10 days jail or at least 120 hours of community service
If a probation term is imposed and the individual’s BAC is above 0.15 percent, the mandatory penalties are:
- 45 day no drive period
- 18-month to 15 year license revocation
- $1,000 fine
- 30 days jail
If a jail term is imposed and the individual’s BAC is at least 0.08 percent but less than 0.15 percent, the mandatory penalties are:
- 45 day no drive period
- 18-month license revocation
- $500 fine
- 30 to 180 days jail
If a jail term is imposed and the individual’s BAC is above 0.15 percent, the mandatory penalties are:
- 45 day no drive period
- 18-month to 15 year license revocation
- $1,000 fine
- 90 days to 1 year jail
Getting Your Charges Reduced to Avoid Jail Time for a 2nd DUI Offense
Many DUI charges can be resolved with a plea bargain. A plea bargain is a negotiated agreement between a defendant and prosecutor in a criminal case, where the defendant often agrees to plead guilty or no contest to certain charges in exchange for dismissal or reduction of other charges.
The purpose of a plea bargain is to resolve the case more efficiently, avoid a lengthy trial, and, often, secure a more lenient sentence for the defendant.
In the case of a second DUI in Omaha, you may be able to reduce the penalties you face if you accept a plea bargain.
Can My 2nd Offense DUI Charges Be Dismissed or Reduced?
Having your DUI charges dismissed or reduced is usually only an option if your lawyer can prove that your rights were somehow violated or if the tests were faulty.
Your lawyer will scrutinize various aspects of the arrest and testing procedures, such as those listed below, to determine if violations or errors occurred that could provide grounds for dismissal or reduction.
Lack of Probable Cause for Traffic Stop
Law enforcement cannot legally conduct a traffic stop without probable cause. If the police lacked probable cause to conduct a traffic stop, your defense may involve challenging the legality of the traffic stop.
Improper Administration of Field Sobriety Tests
Law enforcement often uses field Sobriety Tests (FSTs) to assess a person’s level of impairment. However, improper administration or inadequate training of the arresting officer may lead to unreliable results. Factors such as weather, physical health, or nervousness can influence these tests.
Inaccurate Breathalyzer Test
Breathalyzer tests are widely used to measure someone’s BAC. Defenses here may involve questioning the calibration and maintenance of the device which could have influenced the results.
Chemical Test Contamination
Chemical tests are generally more reliable than Breathalyzers but not infallible. Contamination during the collection, handling, or testing process can lead to inaccurate results.
Violation of Miranda Rights
If you were not properly informed of your Miranda rights, the court may refuse to admit any statements you made to law enforcement. Miranda rights include the right to remain silent and the right to have an attorney present during questioning.
Illegal Search and Seizure
The Fourth Amendment protects individuals from unreasonable searches and seizures. If the police obtained evidence, such as alcohol or drugs, through an illegal search or seizure, the court may exclude that evidence from the case.
Berry Law’s Team Provides You With Multiple Attorney Perspectives
The Role of an Experienced DUI Attorney
John S. Berry , DUI Defense Lawyer
The right legal representation when facing a second offense DUI can significantly improve the outcome of your case.
The experienced DUI lawyers at Berry Law understand DUI laws in Nebraska. We’re ready to build a strong case in your defense and stand up for your rights.
Our legal team will provide sound legal advice, evaluate the details of the case, and conduct thorough investigations to assess the strengths and weaknesses of the prosecution’s evidence against you.
Contact the Omaha criminal defense lawyers at Berry Law for your initial consultation and to see how we can help you.
