A DUI arrest in Omaha is always serious. But, when your blood alcohol concentration (BAC) is .15% or higher, or when other aggravating factors are involved, Nebraska law treats your case as an aggravated DUI. This is not a typical DUI in Omaha. The penalties are harsher, prosecutors are more aggressive, and your future is on the line.
At Miltenberger Law Offices, we defend clients throughout the Omaha area and across Nebraska who are facing aggravated DUI charges. With decades of criminal defense experience, we know how to challenge testing procedures, expose police errors, and protect your rights every step of the way.
When everything in your life, everything you’ve built, is at risk, you need a DUI defense lawyer who knows how to fight — and win. Call Miltenberger Law right away at (402) 217-2267 or contact us online to schedule a free, confidential consultation with one of our expert Omaha aggravated DUI lawyers.
What is an Aggravated DUI in Omaha?
Under Nebraska Revised Statute § 60-6,196, a DUI occurs when someone operates or is in actual physical control of a motor vehicle while having a BAC of .08% or higher, or being under the influence of alcohol, drugs, or any combination of substances that impair driving.
An aggravated DUI applies when your BAC is .15% or higher, or when certain aggravating circumstances exist, such as:
- Having prior DUI convictions within Nebraska’s 15-year lookback period
- Refusing a chemical test (blood, breath, or urine)
- Causing an accident that results in injury or death
- Driving with a suspended or revoked license
- Having a minor in the vehicle
Any of these factors can quickly turn a misdemeanor DUI in Omaha into a felony-level offense with prison time, mandatory license revocation, and long-term consequences. An aggravated DUI conviction can change your life — but with the right defense, it doesn’t have to define it. That’s where the skilled Omaha defense attorneys at Miltenberger Law Offices can help.
Penalties for Aggravated DUI in Nebraska
Aggravated DUI charges in Nebraska carry much harsher penalties than standard DUI offenses.
The table below outlines how penalties increase with each aggravated DUI conviction,
including jail time, fines, and license revocation periods.
| Offense | Charge Level | Jail / Prison Time | Fines | License Revocation |
|---|---|---|---|---|
| First Aggravated DUI (BAC ≥ .15) | Class W Misdemeanor | Minimum 7 days up to 60 days | Up to $500 | 1 year |
| Second Aggravated DUI | Class I Misdemeanor | 90 days–1 year | Up to $1,000 | 18 months–15 years |
| Third Aggravated DUI | Class IIIA Felony | 90 days–3 years | Up to $10,000 | 15 years |
| Fourth or Subsequent Aggravated DUI | Class II Felony | 1–50 years | Up to $25,000 | 15 years |
Each aggravated DUI conviction increases in severity — with felony-level charges carrying
lengthy prison sentences, steep fines, and license revocations that can last up to 15 years.
If you’ve been charged, contact Miltenberger Law Offices today to speak with an experienced Omaha aggravated DUI lawyer who can fight for your freedom and your future.
In addition to these penalties, you could also face:
- Continuous alcohol monitoring
- Mandatory ignition interlock device (IID) installation
- Permanent criminal record impacting housing, employment, and professional licensing
- Probation, community service, or mandatory treatment programs
Why Choose Miltenberger Law Offices to Defend Your Omaha Aggravated DUI
When your freedom, reputation, and driver’s license are on the line, you need an aggravated DUI lawyer in Omaha who understands every nuance of Nebraska DUI law. At Miltenberger Law Offices, we bring decades of proven criminal defense experience, and a reputation for results.
We don’t judge your situation — we defend. And we do it with precision, strategy, and a relentless commitment to your future. Our advantage:
- 24/7 availability for emergency DUI arrests
- Successful record of case dismissals and charge reductions in Omaha and across Nebraska
- Personal, hands-on attention from your DUI defense attorney, never passed off
- Deep knowledge of and experience with DUI and traffic law
DUI Resources in Omaha, NE
- Ignition Interlock Devices (IID): Learn about all ignition interlock devices approved by the Nebraska DMV.
- SR-22 Filing Info: Find information about filing form SR-22 (financial responsibility) with the state in order to prove continued insurance coverage.
- Reinstate Your Nebraska License: Check requirements and pay fees needed for reinstatement of a revoked or suspended license.
- Nebraska DUI Court Best Practice Standards: Read about the state’s DUI court, which works to increase the participant’s likelihood of successful rehabilitation and protect public safety.
- Nebraska’s Point System: See a breakdown of how points accrue on your driver’s license, including points for DUI offenses.
Felony Aggravated DUI in Omaha
If your aggravated DUI involves prior convictions or an extremely high BAC, you may face felony charges under Neb. Rev. Stat. § 60-6,197.03.
A felony DUI in Omaha can result in:
- Up to 50 years in prison
- Mandatory minimum jail time even on probation
- 15-year license revocation
- Lifetime criminal record
Felony DUIs are prosecuted aggressively, but they’re also highly technical. Testing errors, procedural mistakes, or faulty prior convictions can all be challenged. Our skilled aggravated DUI defense team in Omaha meticulously reviews every element of the case to reduce, dismiss, or mitigate these life-altering charges.
How Miltenberger Law Offices Builds Your Aggravated DUI Defense in Omaha
Every aggravated DUI case in Omaha is different, and every defense must be strategic. At Miltenberger Law Offices, we don’t take a one-size-fits-all approach. We dig into the facts, analyze the state’s evidence, and identify every possible weakness in the prosecution’s case.
Our attorneys are battle-tested Omaha trial lawyers with extensive experience in Douglas County and Sarpy County courts — and we’re known for fighting DUI cases all the way to verdict when necessary. We focus on:
- Challenging the traffic stop: Was there probable cause to pull you over?
- Questioning chemical test validity: Were the samples handled according to Title 177 regulations?
- Protecting your license: We represent you in both your Administrative License Revocation (ALR) hearing with the DMV and your criminal proceedings to keep you driving legally.
- Attacking BAC results: Were the breath or blood tests properly administered, calibrated, and timed?
- Investigating procedural errors: Was evidence collected lawfully? Were your Miranda rights violated?
- Reducing or dismissing charges: We negotiate aggressively to reduce felony DUI charges to misdemeanors when possible.
What to Do If You’re Charged With an Aggravated DUI in Omaha
If you’ve been arrested for an aggravated DUI in the Omaha area or anywhere else in Nebraska, what you do next can dramatically affect the outcome of your case. Follow these steps right away:
Step 1: Contact an Omaha DUI Defense Attorney
Do not face aggravated DUI charges alone. Call Miltenberger Law Offices as soon as possible at (402) 217-2267 or reach out online. We’ll step in to protect your rights, stop questioning, and begin investigating your case before evidence is mishandled or lost.
Step 2: Request a DMV Hearing Within 10 Days
You have only 10 days from your arrest to request a hearing with the Nebraska DMV to prevent your driver’s license from being automatically suspended. We’ll handle this process for you.
Step 3: Gather Key Information
Write down everything about your arrest — where you were, who was with you, what the officers said, and whether you took any tests. Small details can make a big difference in court.
Step 4: Do Not Discuss Your Case
Avoid posting anything about your arrest on social media, or discussing details with friends or coworkers. Prosecutors can use these statements as evidence.
Step 5: Follow Your DUI Defense Attorney’s Instructions
We’ll guide you through every step, from bond and arraignment to court appearances and plea negotiations. Following legal advice early often leads to better results later.
Alternative Sentencing Options in Omaha
Not every aggravated DUI conviction ends with jail time. Courts often view proactive steps, like voluntary treatment or counseling, as signs of rehabilitation. We help you take these steps early to strengthen your defense and your position in court.
Depending on your circumstances, we may be able to pursue alternative sentencing, such as:
- Probation in lieu of incarceration
- Community service and alcohol education
- Treatment-based diversion programs
- Ignition interlock permits for limited driving privileges
Frequently Asked Questions About Aggravated DUI in Omaha
Is an aggravated DUI in Omaha a felony?
It can be. A first or second aggravated DUI is a misdemeanor, but a third or subsequent offense, or a case involving injury or death, is charged as a felony.
Can I lose my license for an aggravated DUI in Omaha?
Yes. License revocations can last from 1 year to 15 years, depending on prior convictions and BAC level.
Can an Omaha aggravated DUI be reduced to a regular DUI?
Yes, sometimes. With strong legal representation, prosecutors may agree to reduce the charge if testing issues or procedural problems exist.
Do I have to install an IID?
Yes, in most cases, especially if you’re convicted or receive probation. This allows limited driving privileges while your license is revoked.
Will I go to jail for an aggravated DUI in Omaha?
Jail time is possible, but not always inevitable. Our firm frequently negotiates reduced sentences or alternative options like probation or house arrest.
Take Action Now to Protect Your Future — Call an Omaha Aggravated DUI Lawyer at Miltenberger Law Offices
If you’ve been charged with an aggravated DUI in Omaha, don’t wait. The sooner you act, the better your chances of protecting your record, your license, and your freedom.
Call (402) 217-2267 right now or reach out online to get started on your defense.
