In Omaha, DUI cases are generally heard at the county court as opposed to the district court. DUI cases are also typically bench trials as opposed to jury trials. This is because the individual is charged under the Omaha City ordinance, which does not give a person a right to a jury trial. Also, most misdemeanor charges are tried with a bench trial. From the time of the arrest until the time of final disposition, Omaha DUI cases usually take about three to four months.
A seasoned DUI lawyer could advocate for you and protect your rights throughout the case if you have been charged with a DUI. Contact a dedicated attorney from the Berry Law today.
Prosecuting DUI Cases in Omaha
Omaha DUI cases are prosecuted vigorously due to the public safety concerns of driving while under the influence of alcohol or drugs. Also, agencies and other influence pressure prosecutors to be hard with DUI offenses.
In a DUI case, the prosecutor needs to prove that the defendant had actual control of the vehicle and that the defendant was impaired. If the prosecutor is unable to do so, he or she cannot obtain a conviction.
To achieve a conviction, the prosecutor will typically present evidence that shows that the defendant was in the vehicle and had actual control of the vehicle. He or she may produce evidence that shows that the defendant failed a field sobriety test and that the defendant used a breath analysis and had a blood alcohol content of 0.08 or above.
Sentencing for DUI Cases
The sentencing for a DUI case will depend on if it is a first or subsequent DUI, or other aggravating factors. If convicted, the judge may want the defendant to do a pre-sentence investigation, whereas he or she will meet with a probation officer. After the meeting between the probation officer and defendant, the probation officer will make recommendations to the judge.
The factors considered by the court or jury when determining sentencing includes any prior DUIs, chemical dependency evaluations, and if the defendant has a stable job. In addition, the court will look at the defendant’s attorney’s recommendation and the prosecutor’s recommendation.
Appealing a DUI Conviction
If a person is convicted, they may be able to appeal his or her case. The individual has 30 days to appeal to the next higher court so he or she could challenge the conviction or sentencing. In Omaha, appealing to the circuit court means the defendant is asking that court to review the lower court’s decision or what happened in the lower court and change that outcome.
What to Know About Omaha DUI Cases
The first thing everyone should know about Omaha DUI cases is that an individual is typically charged under a city ordinance as opposed to a state statute, so he or she does not have a right to a jury trial. Also, defendants should know that these cases are not usually dismissed. Therefore, the individual should be prepared to either fight the charges or plead. A DUI charge carries significant penalties, which include jail time, expensive fines, and a driver’s license suspension.