Prosecutors in Omaha handle second-offense DUIs in a manner similar to a first-offense DUI. However, the penalties are higher for a second-time DUI. Initially, with a second-offense DUI, prosecutors may offer the person a recommendation of probation if he or she is willing to plead. The defendant’s license is revoked for 18 months and he or she faces a mandatory time period of up to ten days in jail.
If you have been charged with a second-time DUI, you should consult with an experienced DUI attorney right away. An Omaha second-0ffense DUI lawyer from the Berry Law Firm can fight for you.
Second-Time DUI Penalties
The penalties for a second-offense DUI are more severe than for a first-time charge. If the individual had a blood alcohol content of 0.08 but less than .15, he or she faces a mandatory minimum of 30 to 180 days in jail and a $500 fine. Also, the person’s license is revoked for 18 months if he or she is not given probation. If the individual is given probation, he or she license is revoked for 18 months, he or she is fined $500, and he or she faces ten days in jail or 240 hours of community service.
Omaha does not have diversion programs for DUIs. Instead, the individual faces 12 to 24 months of probation alcohol or drug treatment.
Before conviction when the driver is stopped by a police officer, the officer has the right to immediately revoke his or her driver’s license and give him or her a temporary license that is in effect for 15 days. If the person is subsequently convicted, his or her license could be revoked for 18 months.
When an individual receives multiple DUIs over time, that may determine whether the prosecutor charges them with a higher-level DUI. In Nebraska, if the DUI is more than 15 years old, it cannot be used against the driver for an aggravated DUI. However, there is a record of the DUI that may come out during the sentencing phase if the individual is convicted of the DUI.
Treatment of Second-Offense DUI Charge Compared to First Offense
In Omaha, a conviction for a DUI charge carries mandatory jail time. There is an increased awareness by the court regarding the amount of jail time the person receives. If there is an agreement with the prosecutor, the judges will order jail time. When there is no agreement with the prosecutor, the judge has no discretion. The judge must sentence the defendant to at least 30 days in jail when they are convicted.
Due to this mandatory jail time, a defendant may benefit from taking the case to trial. A seasoned second-offense DUI lawyer in Omaha can advocate for a defendant at trial and work hard to reach a favorable outcome.
Building a DUI Defense
Second-offense DUI defenses are developed in the same way as a first offense. An Omaha second-time DUI attorney will want to determine whether there was a probable cause to stop the vehicle. The lawyer wants to know if the officer conducted the field sobriety test correctly and verify that everything was done appropriately. An accomplished lawyer has experience building a defense for DUI cases.
Challenging a License Suspension Following a Second DUI Charge
If someone has a prior conviction for a DUI and he or she attempts to challenge the suspension of the license, the prior conviction can be used against him or her. Therefore, it will be more difficult to keep their license through an administrative hearing.
Fortunately, an Omaha second-offense DUI lawyer could help an individual with challenging a license suspension. Reach out to the Berry Law Firm today to learn more about how an attorney could benefit you.