When someone is arrested for driving under the influence of alcohol or drugs (DUI) in Omaha, the police will take them to the Douglas County Jail for booking. Central booking is where people in custody are taken to be processed for jail. After someone is booked, they are processed and housed in DUI jail in Omaha until they are released by paying a bond, a judge orders their release, or they complete the amount of time required by law.
If you have questions about the DUI process including serving time in jail in Omaha, reach out to the dedicated DUI defense attorneys at Berry Law. One of our experienced DUI lawyers can help you understand what to expect from the legal process, how long you may spend in DUI jail, and how to ultimately fight the charges pending against you.
What to Expect Upon Being Arrested for a DUI
After a DUI arrest, and before being released on bail, the person in custody will likely be processed and housed in the Douglas County jail. The officer in charge will consider the individual’s condition and criminal history to decide what area of the jail the arrestee will be placed in.
Medical resources will be available at the jail if the arrested person needs medical care. A licensed doctor usually comes to the jail once a week, and a nurse is typically available 24/7 for potential emergencies.
Usually an arresting officer will request that a suspected intoxicated driver take a breathalyzer test along with field sobriety testing at the scene of the arrest before the individual is taken into custody and brought to jail. While in DUI jail in Omaha, the arrested person may have to submit to a second breath test or a preliminary test if they didn’t already perform a test at the scene of the arrest.
Possible Jail Penalties for a DUI in Omaha
The jail-related penalties for a DUI in Omaha for a first-offense conviction ranges from seven to 60 days of jail time if they do not receive probation. If the person is placed on probation, there is no mandatory minimum jail sentence for a DUI first offender.
However, if the defendant is charged with aggravated first-offense DUI, meaning their blood alcohol level is over 0.15%, they are looking at a mandatory minimum sentence of seven days in jail up to 60 days if they are not placed on probation. With an aggravated DUI charge, even if the person is placed on probation, the law requires they serve a mandatory minimum of two days in jail.
What are the Mandatory Minimum Sentences for DUI in Omaha?
A DUI first-offender in Nebraska, who is not placed on probation, must serve a mandatory minimum jail term of seven days. If the first offender does receive a sentence of probation, there is no mandatory minimum jail sentence.
For a second-offense DUI conviction, if the defendant does not receive probation, the mandatory minimum jail term is 30 days. If probation is granted for a second offender, the mandatory minimum sentence is ten days in jail. If second-offense DUI was prosecuted as an aggravated charge, the mandatory minimum penalty is 90 days in jail. Under aggravated circumstances, if the person receives probation, the mandatory minimum penalty is 30 days in jail.
Nebraska law also establishes the maximum amount of time someone can be incarcerated as a result of a DUI charge. The maximum jail sentences are as follows:
- For a first-offense DUI, the maximum amount of time a person could be held at the Omaha jail is 60 days.
- For a second-offense DUI non-aggravated, the maximum jail term is 180 days.
- For a second-offense aggravated DUI, the maximum jail time is one year.
- For a third-offense DUI, the maximum jail sentence is one year.
- For an aggravated third-offense DUI, the maximum sentence is three years in jail.
Trust a Dedicated DUI Lawyer at Berry Law For Advice About DUI Jail in Omaha
If you have any questions regarding DUI jail in Omaha, how to protect your rights, and the best way to fight your DUI charge, contact an accomplished criminal defense lawyer at Berry Law today. A skilled DUI attorney at Berry Law could advocate for you and help you reach the most favorable results in your case.
Reach out today for a confidential consultation.