Each state has different laws when it comes to what qualifies as a DUI. States also carry different penalties for drivers convicted of a DUI. If you are from out of the state and you have been charged with a DUI in Omaha, you should reach out to a seasoned local attorney. An Omaha out-of-state driver DUI lawyer could inform you about your legal options and help you reach a favorable resolution to your case. Call an experienced DUI lawyer from the Berry Law Firm today and get started.
Receiving an Out-of-State DUI Conviction
An out-of-state DUI works differently than if you are charged in the jurisdiction where you reside. When someone who has been convicted of a DUI is from out of state, he or she is more likely to get jail time then probation. This is because there could be issues with transferring his or her probation to a different state. The convicted driver may also have his or her driver’s license suspended and be ordered to pay significant fines. Therefore, a person facing a DUI charge should contact a dedicated out-of-state DUI lawyer in Omaha as soon as possible.
What is the National Driver Register?
The National Driver Register is a database under the National Highway Traffic Safety Administration that contains information on people whose privilege to drive a motor vehicle was suspended, revoked, canceled, or denied because they were convicted of serious traffic-related offenses. When an out-of-state driver is charged with a DUI in Omaha, the police officer checks this database to see if his or her license is currently suspended and whether the driver has prior DUIs.
If the driver has a suspended license or has been convicted of a prior DUI, he or she could be facing enhanced penalties. To learn more about how law enforcement uses the National Driver Register to determine your charges and penalties, it would be best to speak with an experienced lawyer.
How DUI Laws in Omaha Differ From Other Jurisdictions
There are many DUI laws in Nebraska that differ from those in other states. For example, when a person is charged with a DUI in Omaha, he or she is not entitled to a jury trial. In other states, the driver could be entitled to a jury trial. Not being able to have a jury trial makes the defense more difficult when there is a trial because a judge makes the decision about whether the individual is guilty, not a jury. The sentencing is not different in jury trials because the judge makes the sentencing for juries and bench trials. However, it is important to know that judges generally do not acquit someone as often as juries.
Also, DUI laws in Omaha may differ when it comes to the standard of the blood alcohol content level. In Omaha, a driver is considered under the influence has a BAC of 0.08.
An Omaha Out-of-State DUI Driver Attorney Could Help
A driver who is out of state could benefit from obtaining a local attorney. An Omaha out-of-state driver DUI lawyer is familiar with the prosecutors, judges, and court procedures in the area. The attorney may know the police officer who pulled the defendant over and how that relates to whether or not the police officer has a history of pulling people over for non-legitimate reasons. If you are facing charges, call today.