Omaha DUI Defense Attorney

Driving under the influence (DUI) is a serious criminal charge that can have a life-changing effect on a defendant. Nebraska law states that any conviction for DUI carries a mandatory jail sentence. In addition, a defendant may be ordered to attend alcohol education courses, face a period of driver’s license suspension, and pay a heavy fine.

Whether this is your first offense or you have a prior conviction, it is important to retain an experienced criminal DUI attorney and fight back against these allegations. When you share your circumstances with one of the DUI defense attorneys at Berry Law, we can explain about potential defenses that can result in a lighter sentence or even dismissed charges.

If you are currently facing charges related to drunk driving, the Omaha DUI defense attorneys at Berry Law can analyze law enforcement’s actions in making the arrest,  and we may be able to argue for the omission of certain types of evidence, and work to convince a jury that you were not impaired while driving.

When Is a Driver Considered Impaired?

There are two ways a prosecutor may attempt to prove intoxicated driving under Nebraska Revised Statutes §60-6,196. The most straightforward method is to introduce evidence gained by a breathalyzer test or other scientific evidence.

All drivers in Nebraska implicitly consent to be tested for intoxication at a law enforcement officer’s request under Nebraska Revised Statute §60-6,197.03. Any refusal to submit to the test is punishable by a 90-day driver’s license revocation, in addition to penalties imposed for a DUI conviction.

If this test indicates a blood-alcohol concentration (BAC) of .08% or more, an officer can make an arrest based on this evidence of impairment. Officers can also make an arrest based only on their observations. If an officer has a valid reason to initiate a traffic stop, they may observe and act upon indicators of intoxication such as:

• A smell of alcohol coming from the car
• Slurred speech
• Glassy eyes
• Drowsiness

In cases like these, an Omaha criminal DUI attorney may be able to refute the officer’s observations or point out the lack of other classic signs of intoxication to challenge the officer’s reliability.

How Much Does a DUI Cost?

DUI arrests can result in hefty expenses. How much you may be required to pay depends upon various factors including your BAC, any criminal record, and pending arrest conditions. Here are some typical expenditures associated with a first-time DUI conviction in Omaha, Nebraska:

• Approximately $500 will be needed to post pre-trial bond after an arrest and detention.
• Most DUI lawyers charge a flat fee ranging from $800 to $2500. If you injured someone, caused an accident, or there were fatalities involved in your DUI arrest, your attorney fees will likely be on the higher end.
• You may be required to submit to a Chemical Dependency Examination. CDEs cost $100-$200, but most Medical insurance usually covers dependency exams.
• DUI sanctions, or fines and court fees, are mandatory in Nebraska. First-time DUIs require payment of $400 if granted probation and $400 to $500 if sentenced to DUI jail.
• County filing fees are $49.
• First-time DUI offenders on probation must pay a $449 fine and court expenses.
• Probationers must pay $30 for enrollment and $20 per month for drug testing processing fees while serving their probation.
• Drug tests cost an additional $30 per test.
• If this is your first DUI offense, expect to spend between $175 and $200 for the interlock device’s installation and use for 60 days.
• You must pay $125 to the Department of Motor Vehicles (DMV) to obtain your driver’s license after a DUI license suspension.
• If you need a work permit to continue driving during your sentence, you’ll need to complete a driving course that the DMV will also charge you for. 

As you can see, the costs add up fast. First-time DUI convictions usually cost $2,000-$4,000.

Other possible penalties may include jail time, job loss, and higher insurance premiums. To minimize the impact a DUI can have on your finances and your overall future, seek legal representation from a DUI attorney in Omaha as soon as possible.

Potential Penalties for a Driving Under the Influence Conviction

Penalties for even a first-time DUI conviction are particularly harsh in Nebraska. The minimum possible consequence  is a required jail term of no less than seven days. The maximum jail time penalty for a first offense drunk driving charge can reach as high as 60 days.

In addition, the court may assess a fine of up to $500 and revoke a person’s driving privileges by suspending their driver’s license for up to 60 days. In especially egregious cases, the court may order a defendant to attend an alcohol treatment program or rehabilitation sessions at their own expense.

In some cases, a skilled DUI attorney in Omaha may be able to negotiate a plea deal with prosecutors to have a DUI charge reduced to reckless driving. While still a criminal conviction, a reckless driving conviction does not required a license suspension or mandatory jail sentence.

What If You Receive a DUI Charge Under the Omaha City Ordinance?

A DUI in Omaha, NE, is not treated the same as DUI charges in other areas of the state. First, drunk driving offenses in Omaha are charged under the city ordinance instead of the Nebraska state statute. Under the city ordinance, you have no right to a jury trial.

However, this does not impact your right to a DUI attorney. If you are being charged under the Omaha city ordinance, it is important to consult an Omaha drunk driving lawyer who has legal experience defending clients in cases brought under the Omaha City ordinances. This includes any of the eight counties that make up the Omaha metro area. 

For example, if you are charged with a first-offense DUI in Sarpy County, your DUI attorney needs to know that you may be eligible for diversion. This means your charge could be dismissed if you complete a number of court-ordered requirements. Please reach out to our DUI defense attorneys to learn whether you are diversion eligible for your first offense DUI in Sarpy County.

How Our Omaha DUI Defense Attorneys Can Help

Knowing all the benefits of working with a criminal defense attorney is crucial if you have been accused of driving under the influence. A criminal DUI attorney at Berry Law can gather all of the evidence related to your charge and determine if law enforcement violated your rights. Maybe the officer conducted an unauthorized traffic stop or failed to observe you for the required 15 minutes before administering a breath test. These important details can make or break your DUI defense.

We will seek to have illegal evidence against you thrown out and work to have your charges reduced or dropped completely. Your DUI defense lawyer may also check to see if any errors were made during your arrest or whether the testing equipment was properly maintained.

If it is possible to prevent a conviction, we will use our substantial knowledge and experience to do so. If you work with the DUI defense attorneys in our Omaha firm, you can rest assured that your legal rights will be protected, and you’ll have the best possible defense presented for you.

Contact a DUI Attorney at Our Omaha Criminal Defense Law Firm Today

Being convicted of a DUI has serious and long-lasting consequences that can forever change your life. You may be facing jail time, hefty fines, loss of your driving privileges, increased insurance rates, difficulty finding employment, and social stigma. Remember, Nebraska law mandates a jail sentence for a first DUI conviction, which means many people’s first and only experience with the police and the court system is extremely serious. 

However, you don’t have to go through this process alone. The DUI defense attorneys at Berry Law will examine the credibility of the arresting officer’s observations, dispute the accuracy of any chemical tests, and protect your legal rights every step of the way. Contact us for an initial consultation today to see how we can help you.