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As of January 2012, a DUI from as far back as 15 years ago now counts as a prior offense in Nebraska. Whether the previous drunk driving conviction was recent or dates back to the late ’90s, the statutory punishment for a repeat offense is the same.
At Berry Law, we understand the severe criminal penalties, license sanctions and financial burdens of a repeat DUI. We will do everything within the bounds of the law and professional ethics to get your cases dismissed or downgraded. If necessary, we will fight your drunk driving arrest at trial to avoid a conviction.
Our DUI defense lawyers represent drivers throughout Nebraska. Contact us to arrange a consultation at our offices in Lincoln or Omaha.
Lancaster County/Douglas County Attorneys for Multiple DUI Defense
The potential penalties escalate for a second, third, fourth and fifth DUI. At each level, prosecutors are less likely or less able to plead cases down, and judges are more likely to mete out the full statutory punishment. An experienced DUI attorney can aggressively challenge the evidence and negotiate on your behalf to mitigate the penalties.
The Nebraska legislature recently increased the DUI “look-back” from 12 years to 15 years. This means that many people with one or more prior convictions face severe penalties if convicted of the latest DUI:
- Second DUI — This is a Class W misdemeanor, punishable by 30 to 90 days in jail.
- Third DUI — This is a Class I misdemeanor, punishable by 90 days to one year in jail.
- Fourth DUI — This is a Class IIIA felony, punishable by 180 days to five years in jail.
- Fifth or subsequent DUI — This is a Class III felony, punishable by two to 20 years in jail.
A blood alcohol content (BAC) of .15 or greater elevates the charges one level. For example, a third DUI suddenly becomes a felony DUI with a minimum of 180 days in jail and 15-year license revocation.
A repeat DUI in tandem with a fatal accident can be charged as a motor vehicle homicide, a Class II felony punishable by one to 50 years in prison.
We Aggressively Challenge a Repeat DUI
We have obtained dismissals, reductions, and acquittals by exploiting the weak links in the prosecution’s case. Our sole focus is positioning you for the most favorable outcome under your circumstances. We routinely try misdemeanor and felony DUI cases before a judge or jury to avoid jail, a felony record, loss of driving privileges and other harsh penalties.
