A DUI arrest in Omaha can turn your entire life upside down — fast. Your driver’s license, your job, your criminal record, your freedom, and your future are all suddenly at risk. But you don’t have to face the system alone. At Miltenberger Law Offices, we provide the relentless, strategic, and experienced DUI defense it takes to protect your rights and keep your life intact.
Whether this is your first DUI arrest in Omaha or you’re facing a serious felony DUI, Nebraska’s DUI laws are complex and unforgiving. You need an Omaha DUI defense team that knows the Omaha courts, the prosecutors, the science behind DUI testing, and the aggressive tactics necessary to beat or reduce your charges.
With decades of combined criminal defense experience, Miltenberger Law Offices is the Omaha DUI firm drivers turn to when everything is on the line. We move fast, investigate deeply, and fight hard — from the DMV hearing to the courtroom.
If you’re facing DUI charges in Omaha or anywhere else in Nebraska, call us right away at (402) 217-2267 or reach out online to schedule a free, confidential consultation with one of our expert defense attorneys.
Understanding DUI Charges in Nebraska
Nebraska takes driving under the influence extremely seriously — and the laws are more complex than most people realize. Whether it’s alcohol, prescription medications, marijuana, or any controlled substance, Nebraska law focuses on impairment, not just your blood alcohol concentration (BAC). That means you can be arrested even if you’re under the legal limit, even if you feel fine, and even if the evidence is based on an officer’s subjective observations.
A recent study found that Omaha has the highest rate of DUI charges among the 50 largest cities in the U.S., with 4.5 out of every 1,000 drivers facing DUI. That’s more than double the national average of 1.9 per 1,000 drivers. Miltenberger Law Offices is here to help by defending your DUI charge in Omaha or anywhere else in Nebraska and getting the best possible outcome.
Under 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 for simply sitting in the driver’s seat with the keys in the ignition.
You are considered impaired if your BAC is .08% or higher. For commercial drivers, the legal limit drops to .04%. An aggravated DUI occurs if your BAC is .15% or higher. Unlike many states, Nebraska does not require evidence of “bad driving” — only evidence that you were impaired or in control of the vehicle while impaired.
The Administrative Side of a DUI Charge in Nebraska
In addition to the criminal side of your DUI arrest, you have an administrative process through the Nebraska DMV — the Administrative License Revocation (ALR). You have only 10 days to request a hearing to fight the automatic license suspension. If you miss this deadline, your license will be revoked, even if the criminal charges are later dismissed.
Miltenberger Law Offices handles both cases to protect your driving privileges, your record, and your future. Our knowledgeable Omaha DUI attorneys can often uncover weaknesses in the state’s case that most people, and even inexperienced attorneys, miss.
Why Understanding Nebraska’s DUI System Matters
Because Nebraska’s DUI laws are complex, technical, and unforgiving, many people mistakenly plead guilty or assume there is no easy way to fight the charges. The truth is:
- Field sobriety tests (FSTs) are not legally required in Nebraska, and they are subjective and error-prone
- Chemical tests (breath/blood) have strict procedural requirements, and can be challenged on numerous scientific grounds
- Officers must follow constitutional rules during the traffic stop
- Medical conditions, weather, and fatigue can mimic impairment
Why Choose Miltenberger Law Offices for Your Omaha DUI Defense
Your DUI case in Omaha is not hopeless. Your future is not ruined. But you need the right DUI defense lawyer — right now.
Here’s why our clients in the Omaha area and across Nebraska choose us:
- A former prosecutor & experienced trial lawyers who know exactly how the state builds DUI cases.
- Fast action within Nebraska’s strict deadlines, including the 10-day DMV license hearing.
- Advanced challenges to chemical tests, police procedures, and traffic stops in Omaha and beyond.
- A focus on dismissals, reductions, and saving your driver’s license whenever possible.
- Personalized defense strategies tailored to the specifics of your case, the facts, the science, and your goals.
DUI Resources in Omaha, NE
- SR-22 Filing Info: See information about filing form SR-22 (financial responsibility) with the state in order to prove continued insurance coverage.
- Ignition Interlock Devices (IID): Find information on all ignition interlock devices approved by the Nebraska DMV.
- Reinstate Your Nebraska License: Check requirements and pay fees needed for reinstatement of a revoked or suspended license.
- Nebraska’s Point System: See a breakdown of how points accrue on your Nebraska driver’s license, including points for DUI offenses.
- Nebraska DUI Court Best Practice Standards: Learn about the state’s DUI court, which works to increase the likelihood of successful rehabilitation and protect public safety.
We Handle These DUI Cases in Omaha
Below are the types of Omaha DUI charges we aggressively defend at Miltenberger Law Offices:
DUI First Offense in Omaha
A first DUI in Omaha or anywhere else in Nebraska may seem minor — but it carries jail time, fines, license suspension, and a permanent criminal record. We fight to protect your record, challenge breath tests, contest the traffic stop, negotiate reductions, and prevent long-term consequences. Our goal is always dismissal or a drastic reduction such as reckless driving.
Omaha DUI Second Offense
With mandatory jail time, long revocations, ignition interlock requirements, and harsh penalties, a second DUI charge in Omaha demands immediate legal intervention. We challenge prior offenses, test validity, procedural errors, and negotiate aggressively to keep you out of jail and minimize damage to your driving privileges and future.
DUI Accidents in Omaha
When a DUI involves an accident in Omaha, even without injuries, prosecutors escalate quickly. You may face enhanced penalties, aggressive investigations, and restitution demands. We work to suppress witness statements, dispute impairment, contest accident reconstruction, and protect you from elevated charges or even civil liability.
Omaha DUI with Marijuana/Weed
Nebraska has no THC limit, meaning prosecutors rely on subjective officer observations, which are often unreliable, in DUI marijuana cases in Omaha. We challenge drug recognition evaluations, urine tests, officer testimony, lack of impairment proof, and any procedural violations to get charges reduced or dropped.
CDL DUI in Omaha
Commercial drivers face the harshest DUI rules in the state — including no ability to obtain a temporary CDL and automatic one-year disqualification even for a first offense. We move fast to request your DMV hearing, challenge probable cause, and protect your driving career, reputation, and livelihood.
Omaha DUI with Drugs
Drug-related DUIs in Omaha depend heavily on flawed urine tests, shaky officer evaluations, and subjective observations. We challenge drug recognition experts, lab results, urine collection procedures, prescription issues, and any lack of impairment evidence to protect your record and license.
Felony DUI in Omaha
Multiple DUIs, high BAC results, or serious enhancements can quickly turn your case into a felony DUI in Omaha, carrying years in prison and a 15-year revocation. We examine every piece of evidence, challenge prior convictions, and use aggressive defense strategies to reduce these life-altering charges.
Multiple DUI Omaha
Repeat DUI charges in Omaha carry severe mandatory penalties — including long jail terms, Interlock requirements, and potential felony exposure. We challenge priors, fight enhancements, and build a mitigation-focused defense that can drastically reduce your consequences.
Omaha DUI Resulting in Death
One of the most serious offenses, Omaha DUI resulting in death carries decades in prison. We partner with experts to analyze toxicology, accident reconstruction, causation, and impairment evidence, fighting aggressively to reduce or challenge the state’s theory at every stage.
DUI Serious Injury in Omaha
Accusations of DUI causing serious bodily injury in Omaha can lead to felony charges and years behind bars. We attack the prosecution’s evidence on causation, impairment, injury classification, and police conduct to protect your freedom and future.
Omaha DUI With Child Endangerment
Having a minor passenger during a DUI arrest in Omaha triggers enhanced penalties, mandatory minimums, as well as possible CPS involvement. We defend against these enhancements by challenging impairment claims, officer observations, and any accusations of endangerment or reckless behavior.
DUI Manslaughter in Omaha
When prosecutors allege reckless or impaired driving causing death, broadly charged as DUI manslaughter in Omaha, penalties escalate dramatically. We bring in medical, toxicology, and accident reconstruction experts to prove alternative causes, lack of impairment, or insufficient evidence for manslaughter-level charges.
DUI Assault in Omaha
If someone is injured and the state claims you caused it while impaired, you could face felony assault charges on top of your DUI in Omaha. We analyze medical reports, witness statements, and impairment evidence to dismantle the prosecution’s theory of “intent” or “reckless causation.”
Omaha Driving While Suspended/Revoked (DUI-Related) in Omaha
Driving on a DUI-revoked or suspended license in Omaha leads to new criminal charges, often with mandatory jail time. We work to minimize these penalties, challenge the stop, and help you take steps toward lawful license reinstatement.
DUI License Restoration in Omaha
License reinstatement after a DUI in Omaha is a complicated process, with multiple layers or requirements:
- Alcohol Assessments/Evaluations
- Interlock
- ALR Periods
- SR-22 Insurance
- Fees
- DMV Compliance
We help guide you through each step and work to shorten delays, remove holds, and restore your driving privileges as quickly as possible.
Penalties for DUI in Omaha
One of the biggest questions on our clients’ minds is often the penalties for an Omaha DUI. Our skilled DUI defense attorneys created this chart, which breaks down the classification, penalties, license revocation periods, fines, and other requirements for first, second, and third offenses, along with variations based on specific conditions. Every case is unique; these are just examples:
| Offense | Classification | Straight Sentence – Jail | Straight Sentence – Revocation | Straight Sentence – Fine | Probation – Jail | Probation – Revocation | Probation – Fine |
|---|---|---|---|---|---|---|---|
| First Offense .08 – .149 or Refusal | Class W Misdemeanor | 7–60 days | 6 months; IIP available | $500 | 0 days | 60 days; IIP available | $500 |
| First Offense .15+ | Class W Misdemeanor | 7–60 days | 1 year; IIP available | $500 | 2 days or 120 hrs community service | 1 year; IIP available | $500 |
| Second Offense .08 – .149 | Class W Misdemeanor | 30–180 days | 18 months; IIP available after 45 days | $500 | 10 days or 240 hrs community service | 18 months; IIP available after 45 days | $500 |
| Second Offense .15+ or Refusal | Class I Misdemeanor | 90 days – 1 year | 18 months – 15 years; IIP available after 45 days | $1,000 | 30 days | 18 months; IIP available after 45 days | $1,000 |
| Third Offense .08 – .149 | Class W Misdemeanor | 90 days – 1 year | 15 years | $1,000 | 30 days | 2–15 years; IIP available after 45 days | $1,000 |
| Third Offense .15+ or Refusal | Class IIIA Felony | 180 days – 3 years | 15 years | $10,000 | 60 days + CAM | 60 days; 5–15 years; IIP available after 45 days | $1,000 |
| Fourth Offense .08 – .149 | Class IIIA Felony | 180 days – 3 years | 15 years | $10,000 | 90 days + CAM | 90 days; 15 years; IIP available after 45 days | $2,000 |
| Fourth Offense .15+ or Refusal | Class IIA Felony | 1–20 years | 15 years | $25,000 | 120 days + CAM | 120 days; 15 years; IIP available after 45 days | $2,000 |
| Fifth Offense .08 – .149 | Class IIA Felony | 2–20 years | 15 years | $25,000 | 180 days + CAM | 180 days; 15 years; IIP available after 45 days | $2,000 |
| Fifth Offense .15+ or Refusal | Class II Felony | 2–50 years | 15 years | N/A | 180 days + CAM | 180 days; 15 years; IIP available after 45 days | $2,000 |
Frequently Asked Questions About DUI Charges in Omaha
Can I still fight a DUI if I failed a chemical test in Omaha or anywhere else in Nebraska?
Yes, absolutely. Breath and blood tests are not infallible. They can be challenged for improper calibration, contamination, medical conditions, incorrect timing, chain-of-custody errors, or violation of Title 177 testing requirements in Nebraska. Many DUI charges are dismissed or reduced because test results are proven unreliable.
Will I lose my license after a DUI in Omaha?
Possibly. Nebraska law imposes immediate administrative consequences after a DUI arrest. However, with fast legal action from the attorneys at Miltenberger Law Offices, you may be able to:
- Contest the suspension at a DMV hearing
- Obtain an Ignition Interlock Permit
- Avoid extended revocation periods
Do I have to take field sobriety tests in Nebraska?
No. In Nebraska, field sobriety tests — including the walk-and-turn, one-leg stand, and HGN eye test — are voluntary, not required. Officers often make them seem mandatory, but legally you can decline. These tests are subjective, unreliable, and often misinterpreted, especially in cold weather or poor lighting.
Can prescription medications lead to a DUI charge in Omaha?
Yes. Even if the medication is legally prescribed, you can still be arrested for DUI if the officer claims it impaired your ability to drive. Many prescription drugs, including opioids, benzodiazepines, ADHD medications, and sleep aids, can trigger a drug-related DUI charge. We aggressively challenge drug recognition evaluations and urine/blood tests.
Should I plead guilty to a DUI in Nebraska get the case over with?
No, not without speaking to an experienced Omaha DUI defense lawyer. Even first-time DUIs carry life-altering consequences, including a permanent criminal record, job issues, insurance spikes, and long-term license problems. Many DUI cases have viable defenses. A quick guilty plea often causes far more harm than good.
How much does a DUI lawyer cost in Omaha?
Costs vary based on the complexity of the case, but a DUI conviction is far more expensive than hiring an experienced Omaha DUI defense attorney. Between fines, insurance increases, interlock fees, lost wages, and long-term consequences, the cost of NOT hiring representation is significantly higher. We offer transparent pricing and free consultations.
How long does a DUI stay on my record in Nebraska?
A DUI stays on your criminal record permanently unless it qualifies for set-aside or other relief. However, for sentencing purposes, Nebraska uses a 15-year lookback period, meaning DUI priors within 15 years can enhance new charges. We can help you explore record-related remedies whenever available.
What’s the difference between a misdemeanor DUI and a felony DUI in Nebraska?
Most first- and second-offense DUIs in Omaha are misdemeanors. DUI becomes a felony when:
- You have multiple prior DUI convictions
- You are accused of causing serious injury
- An accident resulted in death
- Aggravating factors (like high BAC) apply
A felony DUI in Nebraska can carry years in prison and long diver’s license revocations. Our Omaha DUI defense team focuses on reducing or eliminating felony exposure whenever possible.
Can Miltenberger Law Offices get my Omaha DUI dismissed?
Many DUI charges can be dismissed, but it depends on the facts. We thoroughly investigate:
- The legality of the traffic stop
- Chemical testing procedures
- Officer training and documentation
- Video evidence from the stop
- Violations of your rights
- Medical conditions or alternative causes for alleged impairment
If dismissal is possible, our Omaha DUI defense team will pursue it. If not, we fight for charge reductions, non-jail outcomes, and license-saving solutions.
Facing a DUI Charge in Omaha? Take Control Today.
Nebraska DUI laws are strict, but your defense can be stronger. At Miltenberger Law Offices, we use deep legal knowledge, forensic analysis, and aggressive courtroom strategies to protect your freedom, your license, and your future.
You don’t get a second chance to handle your DUI right. Let us fight for you. Call (402) 217-2267 right now or contact us online to get started on your DUI defense in Omaha.
