A third-offense DUI is heard in one of two different courts in Omaha. If one is charged with a third offense non-aggravated DUI, with a blood alcohol content between 0.08 and 0.15, the entire case is heard in county court. If the individual has an aggravated DUI, meaning his or her blood alcohol content was above 0.15, his or her case initially starts in county court and may be moved to the district court for final disposition.
The courts treat third-offense DUI charges harshly because of the previous two DUI charges. If the person is convicted, there is mandatory jail time, and the judge could sentence them to more than the mandatory minimum. If you are facing charges, reach out to an experienced DUI attorney today. An Omaha third-offense DUI lawyer from the Berry Law can fight for you.
Third-Time DUI Penalties
In Omaha, for a non-aggravated third-offense DUI, an individual faces a mandatory minimum of 90 days to one year in jail, a $1,000 fine, and revocation of his or her license for 15 years. If one is given probation, his or her license is revoked for no less than two years up to 15 years, a $1,000 fine, and a mandatory 30 days in jail.
When someone is charged with an aggravated third-offense DUI, he or she is charged with a Class 3A felony with a mandatory minimum of 180 days up to three years in jail. He or she may be fined up to $10,000 and his or her license could be revoked for 15 years.
If someone is given probation, his or her license could be revoked for a mandatory time period of five to 15 years. Also, the individual faces a $1,000 fine and mandatory jail time of up to 60 days in jail.
When a person has multiple DUIs, depending on when they happened, that affects how he or she is charged and sentenced. In Nebraska, a DUI from 15 years ago cannot be used for charging purposes. However, it can be used against the individual for sentencing purposes.
A third-offense DUI lawyer in Omaha can fight for a defendant facing serious DUI penalties.
Challenging a Driver’s License Suspension
When a driver is stopped by the police with a third-offense DUI, the officer has the option of revoking the person’s license immediately. The license will be suspended before the individual appears in court. The individual may be allowed to have a temporary license for 15 days. After that point, if he or she is convicted of a third-offense DUI, there is no probation. The individual could lose his or her license for 15 years for a non-aggravated DUI and for two to 15 years if he or she is given probation. For an aggravated DUI, he or she could lose his or her license for 15 years if he or she is not given probation and for five to 15 years if he or she is given probation.
In a third-offense DUI, an individual might choose to challenge the suspension of his or her driver’s license at an administrative hearing. When someone has at least two prior DUIs, it is harder for the individual to keep his or her license in an administrative hearing.
Building a Defense for a Third-Offense DUI
Third-offense DUI defenses are developed similar to first and second-time DUI charges. To build a defense, an Omaha third-time DUI attorney determines whether there was probable cause to stop the vehicle. If there were any constitutional issues, the attorney could motion to get the evidence thrown out. The lawyer wants to verify that the officer did everything correctly concerning the field sobriety tests and blood alcohol testing.
Defending a third-offense DUI is more difficult than a first offense because of the penalties and also the potential that the person could be charged with a felony if the BAC is greater than 0.15. A lawyer may want to hire an expert who could test the blood alcohol device to see if there are any issues.
Call an Omaha Third-Offense DUI Attorney
A person facing third-offense DUI charges in Omaha should hire a local attorney who knows the prosecutors and judges. The lawyer needs to know the court procedures and be familiar with the court’s system to adequately present a better case than an outside attorney. If you are facing charges, speak with an Omaha third-offense DUI lawyer today. An attorney from the Berry Law can advocate for you.