For commercial drivers, a DUI charge in Omaha or elsewhere in Nebraska doesn’t just threaten your freedom, it threatens your livelihood. In Nebraska, even a single DUI conviction can result in the suspension or permanent loss of your Commercial Driver’s License (CDL). Whether you drive a semi-truck, delivery van, or company vehicle, your CDL is your career — and you can’t afford to lose it.
At Miltenberger Law Offices, our Omaha CDL DUI defense attorneys understand what’s at stake for professional drivers. We fight aggressively to challenge DUI evidence, protect your CDL privileges, and keep you on the road earning for your family.
If you have a CDL and are 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 DUI defense lawyers.
Nebraska CDL DUI Laws Explained
Under Nebraska Revised Statute § 60-4,168, commercial drivers are held to stricter standards than other motorists. While the legal blood alcohol concentration (BAC) limit for standard drivers is .08%, CDL holders can be charged with DUI for a BAC of just .04% or higher while operating a commercial vehicle.
Additionally, even an off-duty DUI in a personal vehicle can cost you your CDL — meaning your entire career could be on the line, even if you weren’t driving commercially at the time of your arrest. A CDL DUI arrest in Omaha or anywhere else in Nebraska can trigger two separate proceedings:
- 1. A criminal case, handled through the courts.
- 2. An Administrative License Revocation (ALR) process through the Nebraska Department of Motor Vehicles (DMV).
You must act quickly to protect your CDL — you have only 10 days after your arrest to request a DMV hearing. The Omaha DUI attorneys at Miltenberger Law Offices have the experience and skill to protect your CDL and your future.
What Happens to Your CDL After a DUI Arrest in Omaha
The moment you’re arrested for DUI in or around Omaha, even if not convicted, your CDL is at risk. Nebraska law allows the DMV to automatically suspend your CDL following your arrest or chemical test failure. After the first offense, suspension is for 1 year; a second offense results in your CDL being suspended for life.
Here’s what typically happens:
- Your CDL is immediately seized at the time of arrest, and you’re issued a temporary 15-day permit.
- You have 10 days to request a DMV administrative hearing to challenge the suspension.
- If you don’t request the hearing in time, your CDL is automatically suspended for at least one year — with no eligibility for a hardship or restricted CDL.
Our Omaha CDL DUI defense attorneys at Miltenberger Law Offices can represent you at this hearing, contest the evidence, and seek to have your CDL privileges restored while your case is pending.
CDL DUI Penalties in Nebraska
Nebraska imposes severe penalties on commercial drivers convicted of DUI. A CDL suspension applies whether the DUI occurred in a commercial vehicle or personal vehicle, and penalties increase with repeat offenses or refusals to submit to testing.
Examples of penalties in Omaha and across Nebraska include:
| Offense | CDL Suspension | Criminal Penalties | Notes |
|---|---|---|---|
| First DUI (BAC ≥ .04% while operating a CMV) | 1-year CDL suspension (3 years if hauling hazardous materials) | Up to 60 days in jail, $500 fine, 6-month standard license suspension | No restricted CDL allowed during suspension |
| Second DUI (any vehicle) | Lifetime CDL disqualification (can apply for reinstatement after 10 years in limited cases) | Up to 6 months in jail, $1,000 fine, 18-month license revocation | Considered a “career-ending” offense |
| Refusal to Submit to Chemical Test | 1-year CDL suspension (3 years if transporting hazardous materials) | Up to 1 year in jail, $1,000 fine | Treated as equivalent to DUI conviction under federal law |

How Miltenberger Law Offices Can Help CDL Drivers in Omaha and Beyond
Our firm has decades of experience defending professional drivers in Omaha and across Nebraska. We understand the nuances of CDL law — from state DUI penalties to Federal Motor Carrier Safety Administration (FMCSA) regulations.
When you hire our firm, we will:
- Represent you at DMV and court hearings
- Challenge evidence and testing accuracy
- Negotiate for charge reductions to avoid CDL disqualification
- Guide you through license reinstatement and interlock procedures
- Advocate for your professional driving record and insurance protection
At Miltenberger Law Offices, we build your defense from every possible angle. Even small procedural or technical errors can make a big difference in CDL cases. We use our deep understanding of Nebraska DUI laws and FMCSA regulations to build the strongest defense possible. Your job, your income, and your reputation depend on the outcome of this case — and we take that responsibility seriously.
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.

What to Do If You’re a CDL Holder Arrested for DUI in Omaha
If you drive for a living, a DUI arrest in Omaha can feel like your entire career is hanging by a thread — because it is. CDL disqualifications begin fast in Nebraska, and the steps you take immediately after an arrest can determine whether you keep your license, your job, and your livelihood.
Here are the steps to take:
Step 1: Stay Calm, Polite, and Controlled
Commercial drivers are held to higher legal and professional standards. Anything you say, any sign of anger, or any unnecessary statements can be used against you. Provide your ID and basic information — nothing more. Do not admit to drinking, taking medication, or “feeling tired.”
Step 2: Do NOT Make Statements About Your Driving or Your BAC
Police in the Omaha area and across Nebraska often ask questions like:
- “How much have you had tonight?”
- “When was your last drink?”
- “Are you on any medications?”
These questions are solely designed to create probable cause. You are legally allowed to decline. Stay respectful and firm, and just say: “I prefer not to answer any questions without an attorney.”
Step 3: Contact Miltenberger Law Offices Immediately
As a CDL driver, you don’t have the luxury of waiting. The DMV clock starts ticking the moment you are arrested. Call us today at (402) 217-2267 or contact us online.
Your employer, job, and insurance may depend on how fast our skilled Omaha CDL DUI defense lawyers step in. Our team can:
- Stop automatic CDL disqualification (if action is taken quickly)
- File your DMV hearing request
- Contact the prosecutor before charges finalize
- Preserve dashcam/bodycam evidence
- Identify testing or procedural errors early
Step 4: Protect Your CDL by Requesting a Nebraska DMV Hearing Within 10 Days
Nebraska gives CDL drivers only 10 days after a DUI arrest to request an ALR hearing. If you miss this deadline, your CDL is automatically suspended, even before your court case begins.
Miltenberger Law Offices handles this hearing for you. This is often the only opportunity to keep your CDL active while your case moves forward.
Step 5: Do NOT Drive a Commercial Vehicle Until You’re Cleared
CDL drivers cannot obtain a restricted or temporary commercial license. Until your Omaha DUI attorney gives the green light, do not drive a CMV.
Driving while suspended anywhere in Nebraska, even unknowingly, can:
- Add new criminal charges
- Increase penalties
- Cause immediate termination from your employer
- Trigger a lifetime CDL disqualification
Step 6: Avoid Discussing Your Case With Anyone Except Your Lawyer
CDL drivers often lose cases because innocent comments get twisted into “admissions.”
Anything you say, even in a text message, can show up later in a police report. Do not post on social media, and don’t talk to:
- Dispatchers
- Co-workers
- Friends
- Employers
Step 7: Follow All Legal Deadlines and Court Dates
Missing a hearing date for a CDL driver in Nebraska can be devastating. We handle the deadlines — you focus on protecting your career. Our firm helps you stay ahead of:
- DMV hearings
- Court appearances
- Filing deadlines
- Alcohol evaluation dates
- Interlock requirements
Step 8: Let Miltenberger Law Offices Start Building Your CDL DUI Defense Immediately
CDL DUI cases in Nebraska are won with speed and strategy, not waiting and hoping. A fast, aggressive legal defense can make the difference between going back to work or losing your career. It’s a no-brainer. Our CDL DUI defense team in Omaha starts by:
- Requesting evidence from the state
- Challenging breath or blood testing
- Reviewing CDL regulatory violations
- Examining police training and compliance
- Negotiating for charge reductions to avoid CDL disqualification
Frequently Asked Questions About CDL DUI in Nebraska
Can I lose my CDL even if I was driving my personal vehicle in the Omaha area?
Yes. Nebraska law and federal CDL regulations impose penalties for any DUI conviction, regardless of whether you were driving commercially at the time.
Will a first-time DUI in Nebraska permanently disqualify my CDL?
A first offense typically results in a one-year CDL suspension. However, a second DUI (even in a personal vehicle) leads to a lifetime CDL disqualification.
Can I get a restricted CDL after a DUI in Omaha?
No. Nebraska does not allow commercial drivers to obtain restricted or temporary CDLs during a DUI suspension period.
What happens to my job if I lose my CDL?
Most employers require an active CDL. Losing it can mean immediate suspension or termination. That’s why you need a skilled Omaha CDL DUI lawyer to fight to preserve your license and minimize damage to your record.
How can Miltenberger Law Offices help me save my CDL?
We represent CDL drivers at both the DMV hearing and criminal trial to get you the best possible outcome. We challenge every piece of evidence and work to prevent or shorten your CDL disqualification.
Protect Your CDL and Your Career — Call an Omaha CDL DUI Lawyer at Miltenberger Law Offices Today
For CDL drivers, a DUI is more than a traffic charge — it’s a direct threat to your livelihood. At Miltenberger Law Offices, we act fast to challenge your suspension, defend your record, and fight for your future.
Don’t wait until it’s too late. Call us now at (402) 217-2267 or reach out online to setup a case evaluation with one of our experienced Omaha CDL DUI defense lawyers.