DUI lawyer in Omaha, Nebraska. Arrested for DUI in Omaha? You’re on a fast clock. From the moment those red and blue lights flash, the state is building a case against you — working to suspend your license, pile on penalties, and secure a conviction that follows you for life.
Miltenberger Law Offices is Omaha’s leading DUI defense firm. We don’t wait. We attack. We move immediately to protect your license, scrutinize the traffic stop, dismantle any field sobriety and chemical tests, and build a defense strategy that gives you leverage in court — not the other way around.
Your future is too important to roll the dice. Call us now at (402) 217-2267 or contact us online for a confidential case review with an Omaha DUI lawyer who knows how to win.
Article Summary
This comprehensive guide explains everything you need to know after being arrested for DUI in Omaha, Nebraska — from how the state builds its case to how Miltenberger Law Offices dismantles it. You’ll learn how Nebraska’s DUI laws work, why even a first offense can carry serious jail time and license consequences, and how the Administrative License Revocation (ALR) process can suspend your license before you ever reach court.
The article walks you through Miltenberger Law’s step-by-step defense strategy, including challenges to the traffic stop, field sobriety tests, chemical testing, officer procedures, and constitutional rights. You’ll also find detailed breakdowns of mitigation options, interlock requirements, and how our attorneys fight for dismissal, charge reductions, or outcomes that protect your record, freedom, and future.
If you’ve been arrested for DUI in Omaha, this article explains exactly what’s at stake — and how Miltenberger Law Offices can start protecting you right now.
What Exactly is a DUI in Omaha?
Under state law, Nebraska Revised Statute 60-6,196, it is illegal to operate or be in “actual physical contact” with a motor vehicle while impaired by alcohol or drugs. You could be arrested in Omaha for simply sitting in the driver’s seat with the keys in the ignition.
Penalties for an Omaha DUI can include:
- Class W Misdemeanor
- SR-22 insurance requirements
- 6 months license suspension
- 60 days in jail
- $500 fine
- Criminal record that impacts housing, employment, and travel
And these penalties increase dramatically with aggravating factors or prior DUI convictions in Nebraska. Under Neb. Rev. Stat. § 60-6,197.02, the state uses a 15-year-lookback period.
Nebraska’s ALR Process: Why Your License Is at Risk Before You Ever Go to Court
A lot of people don’t realize it, but when you’re arrested for DUI in Omaha or anywhere else in Nebraska, you’re actually fighting two separate battles:
- 1. The criminal DUI case
- 2. The Administrative License Revocation (ALR) case with the Nebraska DMV
This process is fast, you only have 10 days to request a hearing, unforgiving, and completely separate from your court dates. If you don’t take immediate action, you can lose your driving privileges even if your Omaha DUI charges are later reduced or dismissed. Miltenberger Law Offices steps in immediately to stop the automatic suspension and protect your right to drive.
Our experienced DUI lawyers in Omaha are ready to step in today to build your defense for both sides of your DUI case and get you the best possible outcome.
Our Omaha DUI Defense Playbook
The state may rely on assumptions. We rely on evidence, science, and strategy. Every DUI case in the Omaha area is different — so we tailor your defense to the facts, not the charges printed on your citation. Common angles include:
1. The Stop
We examine:
- Did the officer have legal grounds to pull you over?
- Were lane-use observations or equipment violations documented correctly?
- Video vs. report: We compare bodycam/dashcam footage to the narrative for inconsistencies
- Whether the stop was a pretext or lacked reasonable suspicion
When the stop is illegal, everything that follows can be thrown out — including breath tests.
2. Field Sobriety Tests
You are not legally required to take a FST in Omaha or anywhere else in Nebraska. If you do take one, we examine whether:
- The instructions for these standardized tests (HGN, Walk-and-Turn, One-Leg Stand) were explained correctly and administered by the book
- Weather, footwear, surface conditions, injuries, weight, or medical issues compromised the tests
- The officer used non-standardized tests (counting, alphabet backwards, touching nose, etc.) to justify arrest
Most FSTs fail because they are subjective, not because a driver is impaired. We expose that.
3. Chemical (Blood & Breath) Testing
Breath, blood, and urine tests are scientific, but only when done exactly by the book. We analyze:
- Breath machine maintenance and calibration records
- Whether the officer followed Title 177 testing procedures
- Medical issues like GERD, diabetes, or dental work that distort tests
- Chain of custody for blood or urine samples
- Storage conditions, contamination risks, and lab technician errors
A surprising number of Omaha DUI cases collapse when chemical test procedures are challenged by an expert.
4. Statements & Procedure
Your words can be used against you — but only if obtained lawfully. We assess:
- Were Miranda and implied-consent advisements done correctly?
- Any coercion or confusion in requests to test?
- Did officers follow policy and statute at each step?
Procedural violations can lead to suppression of key evidence, and add major leverage in negotiations.
5. Mitigation & Outcome
Even when the state has evidence, we can still position you for the best possible result. We guide Omaha clients through:
- Alcohol assessment and education (including First Offender Courses)
- Early Ignition Interlock setup for favorable negotiations
- Community service options
- Treatment programs that show responsibility and reduce penalties
- Presenting character, employment, and hardship documentation for sentencing advocacy.
We focus not only on winning your Omaha DUI case, but on protecting your long-term future.
How We Defend You From a DUI Charge in Omaha — Step by Step
When you hire Miltenberger Law Offices, you’re not getting an Omaha DUI lawyer who simply “shows up” in court. No, you’re getting a strategic defense team that knows exactly how to dismantle a DUI case in Omaha from the inside out. DUI charges are built on procedures, timing, and evidence, and the truth is this: if even one part of the state’s case was handled incorrectly, we will find it and use it to your advantage.
Our step-by-step DUI defense process is designed to move fast, protect your license immediately, expose weaknesses in the prosecution’s evidence, and position you for the best possible result — whether that means dismissal, reduction, or an outcome that keeps your freedom and your future intact. From the moment you hire us, every decision, every filing, every negotiation is done with one goal: win your case or drastically reduce the impact on your life.
Step 1: Immediate Intake & License Protection
We review your citation, testing paperwork, and video (if available), and file the paperwork to challenge your license suspension within the 10-day deadline. We’ll also advise on interlock options so you can keep driving legally.
Step 2: Discovery & Investigation
We demand police reports, video, calibration logs, medical records (if relevant), and lab documentation. Where necessary, we work with forensic specialists and former law enforcement trainers to break down weak police procedures.
Step 3: Strategic Motions Practice
This is where many Omaha DUI cases turn. Skillful motion practice can cripple the state’s case before we even reach negotiations. We may file motions to:
- Suppress the stop
- Suppress any FST evidence
- Exclude breath or blood test results
- Challenge chain of custody
- Dismiss enhancements (BAC ≥ .15, prior convictions, etc.)
Step 4: Negotiation vs. Trial Preparation
We prepare as if every DUI case in Omaha is going to trial. That’s where our credibility comes from. When prosecutors know we’re prepared to take your case to trial, you get better offers, whether it is reductions, dismissals, diversion options, or amended charges (like reckless driving). If trial is the best option for your case, we go in relentless and prepared.
Take Control of Your Future — Call an Omaha DUI Lawyer at Miltenberger Law Offices Right Away
A DUI allegation in Omaha does not define you, and it doesn’t have to define your future. Our Omaha DUI defense team brings the experience, strategy, and urgency it takes to protect your freedom and fight back against the system.
Your defense starts the minute you contact Miltenberger Law Offices. Reach out to us online or call (402) 217-2267 as soon as possible to get the best outcome possible in your Omaha DUI case.
