Felony DUI Attorney in Omaha
Representing First Time & Repeat DUI Offenders
If you have been arrested and convicted of a misdemeanor DUI more than once, you risk having a felony charge added to your record. Having a criminal record can be detrimental. If you are charged with a felony DUI offense, it could affect your job, your driving privileges, and your whole way of life. You need the help of an Omaha felony DUI offenses attorney.
At McGoughLaw P.C. L.L.O., we use a team approach to get input from both lawyers and non-lawyers alike. This approach helps us understand and anticipate how judges and juries may react. Our Omaha DUI attorneys also have more than 22 years of experience that they are ready to put to work for you. We take on federal cases in both Nebraska and Iowa.
Are you facing a DUI Charge? Contact McGoughLaw P.C. L.L.O today at (402) 614-8655 or online to schedule a meeting with our felony DUI attorney in Omaha.
How Long Does a DUI Stay on Your Record in Nebraska?
A DUI will stay in your record for 5 years. Nebraska goes by a point system for all drivers, and if a driver accumulates 12 points, their license will be permanently suspended. A DUI first offense will add 6 points to your record. In Nebraska, there is a 15-year lookback time which means that if you were charged with your first DUI within the past 15 years, you will be charged with a second one if you received another.
Can You Get a DUI Expunged in Nebraska?
In Nebraska, there is a “set aside law”, which allows you to file a motion to set aside a conviction which includes DUI convictions. In order to qualify for it, you must have only received a fine only or finished your probation. A motion is filled which will then schedule a hearing that you must attend. The court will receive evidence which are:
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Past criminal records and especially criminal records that occurred after the offense sought to be set aside
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Volunteer or community service
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Evidence that shows that you follow the law
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Employment after the conviction
Nebraska DUI Probation
Your probation for a DUI in Nebraska depends on which DUI you are convicted on:
- 1st: 60-day license revocation, $400 fine. If BAC .15 or Higher: 1-year license revocation, 2 days in jail or minimum 120 hours community service, $500 fine
- 2nd: 10 days in jail or not less than 240 hours of community service, 1-year license revocation, $500 fine
Is a DUI a Felony in Nebraska?
DUI can either be charged as a misdemeanor or a felony depending on the circumstances of the situation. The penalties for a felony DUI are even more severe than those for a misdemeanor.
What Makes a DUI a Felony in Nebraska?
DUI can be charged as a felony if:
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Bodily harm was caused
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The driver was breaking other laws, such as driving with a suspended license
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The driver had children in the vehicle
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The driver had previous DUI convictions
What are the Penalties for a DUI in Nebraska?
The maximum punishment for DUI in Nebraska includes:
- 90 days suspended or revoked driver's license
- Mandatory alcohol assessments
- Court-ordered alcohol classes and treatment
- Ignition interlock to drive your vehicle
- 60 days in prison
- $500 fine
How Can You Fight Your DUI Felony Charge?
The first question you should is if your charge is accurate. As an example, breathalyzer and other breath analysis tests are not fool-proof. Though the science behind them makes them more accurate than field sobriety tests, there can still be issues with the equipment. Calibration logs can be requested in court, which will show the accuracy of the machine you were asked to use. Maintenance can also be checked. Breath analysis machines do need to be serviced regularly to perform correctly, and incorrect maintenance can impact the reading.
Even in scenarios where a charge cannot be repealed entirely, it is still possible to get it reduced. Breathalyzer tests done in the past can be reexamined as well, which can lead to a reduction in your charges if the one you currently face is not your first.
After being charged with a felony DUI, you could face a number of harsh penalties like losing your license or jail time. To avoid that, it will benefit you to go into your case armed with information and knowledge.
How a Second-Offense DUI Attorney Can Help
According to Business Insider, hiring an attorney after a DUI arrest saves people an average of $4,000 on car insurance alone. Additionally, people who hire a private attorney instead of a public defender are more likely to have their charges reduced upon sentencing.
An attorney can also help you seek alternative sentencing and work with the court to balance your need for rehabilitation with society's need for justice after a conviction. You still have a right to live a productive life after a DUI, and an attorney can help you gain access to the legal resources to help you get there.
Why Should You Act Within 10 Days of a DUI?
In Nebraska, DUI-related charges can result in you facing some very serious consequences. McGough Law, P.C., L.L.O., is here to help you understand the laws of the state, and what you can do to fight against your charges.
You may have heard before that it's important to act within 10 days of being charged with a DUI-related crime. Why is that? Basically, your license will automatically be suspended by the Department of Motor Vehicles (DMV) if you don't actively request an administrative hearing. Not only is this up to you, but you must do it within 10 days of being arrested for it to be considered valid.
If you don't request an administrative hearing, the DMV will go through with the process to either suspend or revoke your license. This administrative process will have begun the moment that you were arrested. The state will simultaneously launch a criminal DUI case against you that you will need to be prepared to face.
Once you have requested your administrative hearing, this is where having the aid of an attorney is invaluable. In order to represent your case well and ensure that your license isn't revoked or suspended, you need someone who knows the ins and outs of the law and knows how to protect you.
When you're staring down a DUI-related charge of any sort, the best thing that you can do for yourself is to act quickly and know what you're up against. Check out our web page on dealing with driver's license suspension and other DUI-related issues if you would like to learn more.
Let McGoughLaw P.C. L.L.O. Defend You
We look at your case from all angles, protecting you against contingencies. While we are aggressively challenging legal issues and disputing facts in your case, we talk with you so we understand what happened and why.
We will work closely with you to position you for success. We have a strong reputation and extensive experience in working to minimize disruption in your life. Our Omaha DUI attorneys are ready to fight for you and guide you through the criminal justice system whether you made a mistake or have been falsely accused.
Call McGoughLaw P.C. L.L.O today for a consultation!