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.