DUI Defense Attorney in Omaha, Nebraska
If law enforcement officers recently stopped you for driving under the influence of drugs or alcohol, you may question whether you should hire an Omaha DUI lawyer. You should know that it’s always a good idea to contact a lawyer for advice. In fact, it’s never too soon to do so if you face DUI charges in Nebraska.
Having a lawyer to advocate for your rights could keep you from making statements or taking actions that jeopardize your freedoms. A skilled Omaha DUI attorney will work to ensure you understand the DUI charges against you, help you assess your legal options, and fight for your freedom while seeking an optimal outcome.
What Is a DUI Violation in Nebraska?
Like most states, Nebraska has strict DUI laws. Under Nebraska statute, operating or being “in the actual physical control of any motor vehicle” while under the influence of alcohol or drugs is illegal. The law states that a driver breaks the law if their breath or blood test reveals a blood alcohol concentration (BAC) of 0.08 percent or more.
Law enforcement officials have the authority to stop motorists who might be intoxicated. If they find probable cause to suspect that a driver is under the influence of alcohol, they can arrest them even if the driver’s BAC is below 0.08. Drivers are often charged with DUIs based on either a blood or breathalyzer test or a field sobriety test.
In addition, the way the statute is worded allows drivers to be arrested even when they are not actually operating a motor vehicle. For example, if an individual is in a position that could be considered to give them “actual physical control” of the vehicle, including sitting in the driver’s seat in a parked car, they may still be liable for DUI charges.
Licensing Revocation Penalties for Omaha DUI Violations
Driving under the influence of alcohol or drugs is classified as a Class W misdemeanor for a first offense. A first-time offender could have their license suspended for six months after a DUI conviction or for a year if they have a BAC of 0.15 percent or more. Motorists who submit to a chemical test may be able to redeem their driving privileges with an ignition interlock device after only part of the revocation period passes.
Further violations stand to increase the length of a driver’s license revocation. With one prior offense, the court will revoke a defendant’s license for 18 months if they are convicted. After two or more prior DUI offenses, drivers risk losing their license for up to 15 years. These are serious potential penalties that could impact your life in many ways. An Omaha DUI attorney can play a crucial role in mitigating the possible adverse outcomes of a DUI case.
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Criminal Penalties for DUI Violations
According to the Nebraska Department of Transportation, DUI charges have decreased annually since 2008. However, Nebraska still enforces strict penalties on individuals convicted of DUI. License revocation isn’t the only penalty that drivers convicted of a DUI will face. Penalties for misdemeanor DUI offenses vary depending on if the driver has any prior offenses. Some offenses will include imprisonment as well as hefty fines. For example, suppose a motorist has three or more prior convictions. In that case, their DUI offenses may be treated as felonies under Nebraska DUI laws.
A seasoned Omaha DUI lawyer can help with any DUI charge, but some are more severe than others. The maximum sentences for various DUI circumstances are as follows:
No prior DUI convictions: 60 days imprisonment and a $500 fine
One prior DUI conviction: Six months imprisonment and a $500 fine
Two prior DUI convictions: One year of imprisonment and a $1,000 fine
Two prior DUI convictions with BAC of 0.15 percent, or three prior convictions: Class IIIA felony charge, three years of imprisonment, and a $10,000 fine
Four or more prior DUI convictions: Class IIA felony charge and 20 years of imprisonment
DUI charges aren’t to be taken lightly. A conviction could impact nearly every aspect of your life for many years to come. It can affect your job, relationships, independence and freedoms, finances, and reputation. If you are facing such charges, you need an experienced attorney who will fight them on your behalf. That attorney is Omaha DUI attorney Greg Nelson. If you were recently charged with a DUI, calling him as soon as possible is in your best interest. Contact me online.
Omaha Criminal Defense Attorney
If you are one of the tens of thousands of people arrested and charged with a crime each year in Nebraska, you may face an uncertain future. While you can’t change the past or predict the future, you can hire Omaha criminal defense attorney Greg Nelson to help make the best of this difficult and overwhelming situation. An experienced attorney can guide you through this confusing process, protect your rights, and possibly have your charges dropped or reduced. It’s imperative that you contact one as soon as possible after your arrest in order to get the most out of the services they have to offer.
What Does an Omaha Criminal Defense Lawyer Do?
Working with a criminal defense attorney has many benefits. They do many things to help those charged with crimes in Nebraska. Here are several reasons why you should hire one to represent you.
They Have Expertise in Criminal Law
Criminal lawyers specialize in criminal law. As such, they are well-versed in Nebraska criminal law and all potential defenses that might be successful in your case. They are also familiar with the local courts, district attorneys, and prosecutors who might be involved in your case.
When law enforcement officers arrest someone, they send the charges to the prosecutor, who works as an attorney for the state. The prosecutor reviews the charges and the facts in the case to decide how to best proceed. If enough evidence supports the charges, the prosecutor will pursue the case in court.
At this point, the arrested individual becomes a defendant. They have the legal right to hire an attorney to represent them. A criminal defense attorney can help them fight any type of criminal charge, including the following:
Drug possession and trafficking charges
Domestic violence charges
They can also help with appealing cases and post-conviction relief.
Assessing the Case and Developing Defense Strategies
When a criminal defendant hires a lawyer, they will first analyze the case. They review all the case details and examine evidence and facts to learn as much as possible about the circumstances and the charges. These are vital steps, and any mistakes during this process can jeopardize the entire case, making it essential to hire a skilled and knowledgeable attorney. An Omaha criminal defense attorney will also review the defendant’s criminal history, as sometimes it will impact a case’s outcome.
The lawyer will also craft an appropriate defense based on the evidence and facts. They will use this as a basis for settling the case with the court or fighting it. For instance, they may be able to use your defense and the other facts in your case to negotiate a plea bargain with the prosecutor or have the charges dropped altogether.
Criminal defense lawyers are well-versed regarding the ins and outs of Nebraska’s complex criminal law. As such, you can trust their advice. When you discuss your case with your attorney, you will learn about the following:
Your rights: Lawyers can explain the law to you relating to your charges. They will discuss your legal rights in the matter, which can help you decide how you want to move forward with your case.
Your options: Your attorney can advise you regarding your options for your charges. You may be able to choose between a plea bargain and going to trial. They will explain the pros, cons, and risks of each decision, which will ultimately be your decision. However, following your attorney’s advice is usually best.
Providing Guidance and Representation During Criminal Process
No matter which direction you decide to take your case, you will need legal guidance throughout the process. Part of your attorney’s job is to assist with the steps in the legal process.
For instance, you will be required to attend several court hearings. Your lawyer will be present at each one to explain your role in these hearings and your rights. You may or may not need to speak in front of the judge, but they will prepare you for it just in case, so you are ready.
Handling Plea Bargains and Trials
A criminal defense lawyer also handles trials and plea bargains. Plea bargains can help you avoid a trial, but they still require admitting guilt to a lesser crime. For example, with a plea bargain, the prosecutor might reduce your charges if you agree to a guilty plea. In exchange, you receive a lighter punishment.
You aren’t obligated to accept the plea the court offers. Although, many criminal defendants find that accepting one is in their best interest. With a lighter sentence and less risk, sometimes it’s the best way to proceed with charges.
The other option is to take your case to trial. Trials start with jury selection and then proceed with court hearings. Generally, with a trial, a group of jurors hears your case and determine if you are guilty beyond a reasonable doubt. If they determine you are guilty, they also sometimes play a role in any penalties you might face.
Although it’s not always the best option, one benefit of deciding to go to trial is that you could walk away free with an innocent verdict. It’s your criminal defense attorney’s role to help you choose the best options that will result in the best outcome possible.
Experienced Omaha Criminal Defense Attorney Today
Facing criminal charges comes with much uncertainty. However, you can count on experienced Omaha criminal defense attorney Greg Nelson to obtain the best result possible in your case. He will examine all the details and the circumstances of your charges to determine the best course of action, guiding you in every step of the legal process. Contact my firm today to learn more about your rights and options after an arrest or being charged with a crime. Even if you haven’t been arrested yet, I can help.