First-time DUI charges are usually heard in the county court in Omaha. Generally, with a first-time DUI, the prosecutor may agree to recommend probation if the person pleads to the first offense. When the individual does not go with that option, there is a trial and the prosecutor usually pushes for some type of jail time.
When there a plea, the judge and the court typically go with the recommendations of the plea. If there is a trial and the defendant is convicted, he or she faces jail time and are treated more harshly when they decide to exercise their right to a trial.
If you have been charged with a DUI for the first time, you should reach out to an accomplished DUI attorney from the Berry Law. An Omaha first-offense DUI lawyer can advocate for you and help you reach a favorable outcome.
First-Time DUI Penalties
In Omaha, for a first-offense DUI with a blood alcohol content of less than 0.15%, the penalties are the mandatory minimum regarding jail time. When there is no probation, there is a minimum of seven days and a maximum of 60 days in jail. The individual is also subject to a $500 fine and license revocation for six months. If he or she is given probation, there is no mandatory jail time, but his or her license is still revoked for 60 days, there is a $500 fine, and the person must have an ignition interlock device installed in every vehicle he or she drives.
For an enhanced or aggravated DUI where the blood alcohol level is more than 0.15%, the potential jail penalties are seven to 60 days in jail and a $500 fine. Also, there is the possibility of a one-year revocation of the individual’s driver’s license, and he or she must spend two days in jail or do 120 hours of community service.
A person facing these penalties should obtain a first-offense DUI lawyer in Omaha as soon as possible.
Challenging a License Suspension
Before someone goes to court, he or she could petition the Department of Motor Vehicles in Nebraska to keep his or her license. This is an administrative hearing handled by an administrative officer. While the standard of proof to revoke or keep his or her license and what happens in the court is a lower standard, the individual does have a right to petition.
In Omaha, an individual may apply to have an ignition interlock device installed in his or her vehicle to be able to drive. The person must breathe into the machine before he or she can start the vehicle and drive.
When someone is acquitted of a DUI, he or she gets an order showing the charges were dismissed. The individual then sends the order to the Department of Motor Vehicles to inform them of the defendant’s acquittal of the DUI.
Building a First-Offense DUI Defense
The first thing a seasoned lawyer looks for with a first-offense DUI charge is whether there was probable cause to stop the vehicle and if there was probable cause for a law enforcement officer to conduct field sobriety tests. The lawyer wants to verify whether the officer did everything correctly regarding the procedures for administering the BAC. If the officer did not, then an Omaha first-time DUI attorney will motion to have that evidence thrown out. Also, when building a defense, the lawyer will determine whether the defendant had a medical condition, or there was an issue with the vehicle, which caused the driver to lose control.
An Omaha First-Offense DUI Attorney Could Help
A first-time DUI defendant should know that his or her case can be won. It is not necessarily a matter of going in, pleading, and taking whatever the government offers. There are many defenses to these cases that people are not aware of regarding their rights and ways to successfully defend a DUI case. Fortunately, an Omaha first-offense DUI lawyer has had success in these cases and can help you if you are facing charges. Reach out to the Berry Law today and set up a consultation.