Nebraska Criminal & Trial Lawyers

Omaha Felony DUI Lawyer

Aggressive Defense Against DUI Charges in Nebraska

If you have been arrested and convicted of a misdemeanor D.U.I. 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 D.U.I. offense, it could affect your job, driving privileges, and whole way of life. You need the help of an Omaha felony D.U.I. offenses attorney.

At McGoughLaw P.C. L.L.O., we use a team approach to get input from lawyers and non-lawyers alike. This approach helps us understand and anticipate how judges and juries may react. Our Omaha D.U.I. attorneys also have more than 22 years of experience and are ready to put to work for you. We take on federal cases in both Nebraska and Iowa.


Are you facing a DUI Charge in Nebraska? Contact McGoughLaw P.C. L.L.O today at (402) 614-8655 or contact us online to schedule a meeting with our felony DUI attorney in Omaha!


What Makes a DUI a Felony in Nebraska?

DUI can be charged as a felony if:

  • Bodily harm was caused

  • The driver was breaking other laws, such as driving with a suspended license

  • The driver had children in the vehicle

  • The driver had previous DUI convictions

What Makes a DUI Aggravated in Nebraska?

In Nebraska, a DUI is considered aggravated if the driver's blood alcohol content (BAC) is 0.15% or higher. This is significantly higher than the legal limit of 0.08%. A DUI is also considered aggravated if the driver has been convicted of a DUI in the past ten years.

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

DUI can either be charged as a misdemeanor or a felony, depending on the situation's circumstances. The penalties for a felony DUI are even more severe than those for a misdemeanor.

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, two days in jail or a minimum of 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

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 state's laws and how to fight against your charges.

You may have heard before that acting within ten days of being charged with a DUI-related crime is essential. Why is that? The Department of Motor Vehicles (D.M.V.) will automatically suspend your license if you don't actively request an administrative hearing. Not only is this up to you, but you must do it within ten days of being arrested for it to be valid.

If you don't request an administrative hearing, the D.M.V. will go through the process to suspend or revoke your license. This administrative process will have begun the moment that you were arrested. The state will simultaneously launch a criminal D.U.I. case against you that you must be prepared to face.

Having an attorney's aid is invaluable once you have requested your administrative hearing. To represent your case well and ensure that your license isn't revoked or suspended, you need someone who knows the law's ins and outs and how to protect you.

When you're staring down a DUI-related charge, the best thing you can do for yourself is to act quickly and know what you're up against. Check out our web page on driver's license suspension and other DUI-related issues if you want to learn more.

How Long Does a DUI Stay on Your Record in Nebraska?

A DUI will stay on your record for five 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 would 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” that allows you to file a motion to set aside a conviction, which includes DUI convictions. You must have received a fine only or finished your probation to qualify for it. A motion is filed to schedule a hearing you must attend. The court will receive evidence which is:

  • Past criminal records and especially criminal records that occurred after the offense sought to be set aside

  • Volunteer or community service

  • Evidence that shows that you follow the law

  • Employment after the conviction

    How Can You Fight Your DUI Felony Charge?

    The first question you should ask is whether your charge is accurate. For example, breathalyzer and other breath analysis tests are not foolproof. 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, showing the accuracy of the machine you were asked to use. Maintenance can also be checked. Breath analysis machines must be serviced regularly to perform correctly; incorrect maintenance can impact the reading.

    Even when a charge cannot be entirely repealed, it is still possible to get it reduced. Past breathalyzer tests can also be reexamined, which can reduce your charges if the one you currently face is not your first.

    After being charged with a felony DUI, you could face several harsh penalties like losing your license or jail time. It will benefit you to go into your case armed with information and knowledge to avoid that.

    How a 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 have the right to live a productive life after a DUI, and an attorney can help you access the legal resources you need to do so.

    Contact Our Omaha Felony DUI Attorney

    We look at your case from all angles, protecting you against contingencies. While aggressively challenging legal issues and disputing facts in your case, we will talk with you to 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.

    Contact McGoughLaw P.C. L.L.O. today to schedule a consultation with our felony DUI lawyer in Omaha! ​​​​

    undefined undefined undefined

    Client Success Stories

    • Theft
      Defendant was charged with embezzling more than $300,000.00, from a previous employer. At the deposition of the alleged victim, our firm highlighted a number of inconsistencies and questionable statements. The State agreed to dismiss all charges against our client. Defendant was charged with burglary. At the preliminary hearing, we created a record that established that the State had very little corroborated evidence against our client. After the hearing, we filed a motion to suppress, arguing that the charges should be dismissed because the State could not prove that our client was involved in the burglary. Shortly before a hearing on our motion, the State contacted us and agreed to dismiss all charges against our client. Defendant was charged in federal court with embezzling several thousand dollars. Following our investigation and providing relevant information to the Government and the Court, the Court agreed to sentence our client to probation with no jail time. Defendant was charged in federal court with cheating the Government out of hundreds of thousands of dollars. Following our investigation and settlement negotiations with the Government, the Court agreed to sentence our client to probation without having to go to jail.
    • Other Offenses
      Defendant was charged with possession of child pornography and was previously represented by a different attorney. Defendant came to us for help because his current attorney was not able to get the matter resolved from Defendant. Following our investigation and presentation of materials to the State, the State agreed to dismiss all felony charges against our client. Based upon our presentation to the Court at sentencing, the Court agreed to sentence our client to probation without having to go to jail. Defendant was charged with carrying a concealed weapon. The matter proceeded to trial and the jury found our client Not Guilty. Defendant was charged in federal court with impersonating an officer. Following an investigation and information presented to the Government, the Government agreed to dismiss the charges against our client. Defendant was charged with child endangerment and was previously represented by a different attorney. Defendant came to us for help because her current attorney was not able to get the matter resolved for Defendant. Following our investigation and presentation of materials to the State, the State agreed to dismiss all charges against our client. Defendant was previously sentenced to several years in prison. Defendant had been represented by a different lawyer. Our firm was asked to review the case to determine if there was anything that could be done to reduce Defendant's sentence. Following our investigation and presentation of materials to the State and Court, our client was re-sentenced to time served and released from prison.
    • Drug Possession
      Defendant was charged with possessing a large quantity of marijuana. Following a complete investigation by our firm, the State agreed to dismiss all charges against our client. Defendant was charged with carrying numerous pounds of marijuana. Following a suppression hearing where several statements made by the arresting officer were called into question, the State dismissed the felony possession charge. At sentencing, we presented evidence and information that convinced the Court to sentence our client to probation with no jail time. Defendant was charged with carrying numerous pounds of marijuana. Following a complete investigation by our firm, the State agreed to give the Defendant a deferred sentence which would not appear on his record. Our client avoided any criminal conviction and avoided a jail sentence. Defendant was charged with possessing drugs found at the airport. After our investigation and presentation of materials to the State, the State agreed to dismiss the charges against our client. Defendant was charged with possession of prescription drugs. Following a successful suppression hearing where the Court ruled that the State could not use certain evidence against our client, the State agreed to dismiss all felony charges against our client. At sentencing on a reduced misdemeanor charge, we were successful in convincing the Court to sentence our client to probation with no jail time. Defendant was charged with possession of prescription drugs while a student at college. After our investigation and presentation of materials to the State, the State agreed to refer the matter to diversion. This resulted in our client not having any criminal charges on his record. Defendant was charged with drug conspiracy and possession of a weapon. Following a hearing challenging the Government's evidence, the Court sustained our motion to suppress and ruled that the Government did not have probable cause to stop, detain or search our client.
    • Assaults
      Defendant was charged with child abuse resulting in death. Following the investigation of our firm, depositions of key witnesses and presentation of our findings to the prosecutor, the State agreed to dismiss the charges against our client. Defendant was charged with assaulting an officer. The matter proceeded to trial and the jury found our client not guilty. Defendant was charged with assault. Following our investigation and presentation of relevant information to the State, the State agreed to dismiss the charges against our client. Defendant was charged with assault with a deadly weapon. Following our investigation and presentation of materials to the State, the State agreed to dismiss all charges against our client.
    • Sexual Offenses
      Defendant was charged with sexual assault of a minor. At the deposition of the alleged victim, our firm got the alleged victim to confess that she made the whole thing up. Charges were dropped against our client. Defendant was charged with sexual assault. At the deposition of the alleged victim, a number of inconsistencies were identified and highlighted and the State dismissed all felony charges against our client. Defendant was charged with soliciting a minor from craigslist. After taking a deposition of the alleged victim, our firm was able to highlight a number of inconsistencies and questionable information and the State dismissed all felony charges against our client. Defendant was charged with sexual assault. During the deposition of the alleged victim, our firm got the alleged victim to admit that it was possible that all of the information provided to police was from a dream and was not real. The State dismissed all felony charges against our client. Defendant was charged with sexual abuse of a family member. Following a deposition of the alleged victim and complete investigation, demonstrating that a number of statements made by the alleged victim were questionable and inconsistent with other information, the State agreed to dismiss the charges. Defendant was charged with sexual assault. The matter proceeded to trial and the jury found there was insufficient evidence to convict the Defendant. Our client was never convicted of the charge. Defendant was charged with multiple counts of sexual assault on family members. The matter proceeded to trial and the jury found Defendant not guilty of two charges and found there was insufficient evidence to convict on a third charge. Before Defendant could be retried on the third offense, the State agreed to dismiss all sexual offenses against our client. Defendant was charged with a sexual assault that the State claimed happened several years ago when the Defendant was a minor. We filed a Motion to transfer the matter to juvenile court, arguing that the matter should be dismissed. After our hearing, the State agreed to dismiss charges against our client.

    A Reputation Of Excellence

    See What Our Clients Have To Say
    • “Thank you to everyone for working on my son's case.”

      R.M

    • “I was very pleased with the outcome of my case and all the work the Jim and everyone did for me.”

      S.B.

    • “ I would without a doubt say his representation was above and beyond my expectations. ”

      D.B.

    • “ Keeping my record clean as possible means a lot to me and I couldn't have done it without you, thank you!”

      T.P.

    • “Jim is the best lawyer I've seen and I was very pleased.”

      J.M.

    • “Thank you and everyone that's working on my case in your office!”

      S.H.

    • “Thank you so much Jim for everything you have been doing on my case, you are greatly appreciated.”

      S.H.

    • “Jim, thank you for everything. ”

      M.H.

    • “Thank you for your constant help with this process.”

      N.L

    • “Nathan, thank you again for representing my case. I appreciate all the knowledge you provided and ensuring that I was in good hands.”

      A.K.

    • “Please allow me to offer a HUGE thank you for your exemplary legal representation.”

      C.V

    • “Your office got involved at the right time and did a phenomenal job on cross-examination of the witnesses.”

      R.W.

    • “Nathan, thank you so very much for getting this matter handled for me so quickly! ”

      S.M

    • “Thank you for all that you did - Nathan did a great job.”

      F.T.

    • “Don't look any further than McGough Law Firm if you want the best!!!”

      GJT