Nebraska’s DUI laws are among the toughest in the nation, and in 2012, the state took additional measures to address repeat DUI offenses by expanding the look-back period to 15 years. Now, a DUI from as far back as the late ’90s can count as a prior offense, meaning your record from over a decade ago could increase the penalties you face today.
How a Lincoln Repeat DUI Offenses Lawyer Can Help
Our DUI defense lawyers represent drivers throughout Nebraska. Our goal is to shield you from these consequences, protecting your freedom, finances, and future. With a deep understanding of DUI laws, we’re equipped to pursue dismissals, negotiate for charge reductions, or take your case to trial if necessary. Our legal team represents clients across Nebraska, including in Lancaster and Douglas counties, and has built a reputation for aggressive, ethical, and thorough DUI defense.
Why Repeat DUI Offenses Carry Severe Penalties
The penalties for multiple DUIs in Nebraska escalate with each additional conviction, limiting the flexibility of prosecutors and judges to reduce charges. Here’s a look at the penalties associated with each level of offense:
- Second DUI: This Class W misdemeanor can lead to 30 to 90 days in jail.
- Third DUI: A Class I misdemeanor, punishable by 90 days to one year in jail.
- Fourth DUI: Classified as a Class IIIA felony, this can carry a sentence of 180 days to five years in jail.
- Fifth or Subsequent DUI: This Class III felony can result in a prison term ranging from two to 20 years.
These penalties grow even harsher if a driver’s BAC reaches .15% or higher, as such cases are automatically elevated to a more serious classification. For instance, a third DUI with a BAC over .15% becomes a felony with a mandatory minimum of 180 days in jail and a 15-year license revocation. Additionally, if a repeat DUI involves a fatality, it may be charged as motor vehicle homicide—a Class II felony with penalties ranging from one to 50 years in prison
How We Defend Against Repeat DUI Charges
Berry Law’s Lincoln repeat DUI offenses lawyers employ a strategic approach in every case. Our defense methods often include:
- Challenging Evidence: We scrutinize every detail, from breathalyzer accuracy to the legality of the traffic stop, searching for errors that can weaken the prosecution’s case.
- Exposing Weaknesses in the Prosecution’s Case: DUI charges often rely heavily on specific evidence. We work to identify any inconsistencies or procedural flaws that may support a dismissal or reduction.
- Trial-Ready Defense: Our experienced trial attorneys are prepared to present a strong case in court, advocating fiercely for your rights and aiming for the best possible outcome.
If you’re facing a repeat DUI charge, time is critical. Contact Berry Law to consult with a Lincoln repeat DUI offenses lawyer who understands the stakes and is committed to fighting for your best interests. With offices in Lincoln and Omaha, we’re ready to stand by your side in this challenging time.