A DUI charge in Omaha is already serious, but driving while your license is suspended or revoked because of a prior DUI can turn a difficult situation into a felony-level legal emergency. In Nebraska, prosecutors view this as a deliberate disregard for court orders and public safety, meaning you could face harsh jail sentences, steep fines, and years of license revocation on top of your current DUI charge.
At Miltenberger Law Offices, we know how devastating these cases can be for hardworking Nebraskans who rely on their vehicle for work, family, or medical needs. Our Omaha DUI defense lawyers take swift, strategic action to challenge the prosecution’s case, protect your rights, and fight to keep you out of jail.
If you’re facing DUI charges while your license is suspended or revoked in Omaha or anywhere else in Nebraska, call (402) 217-2267 or contact us online today for a free, confidential consultation.
Understanding DUI While Driving Under Suspension or Revocation in Nebraska
Under Nebraska Revised Statute § 60-6,197.06, it is illegal to operate a motor vehicle while your driver’s license or operating privileges are suspended, revoked, or impounded due to a previous DUI conviction or refusal to submit to chemical testing.
When you combine an Omaha DUI charge with driving on a revoked license, it becomes a separate criminal offense that carries its own penalties — often stacked on top of your new DUI sentence.
You can be charged with this offense in the Omaha area and elsewhere in Nebraska if:
- You are caught driving while your license is suspended or revoked for a prior DUI.
- You are found operating a vehicle under the influence of alcohol, drugs, or a combination of both.
- You are driving with an ignition interlock device (IID) and fail a required breath test or operate a vehicle not equipped with one.
Even if you believed your license had been reinstated or didn’t understand the status of your driving privileges, you can still face serious criminal consequences. That’s why it’s essential to contact a skilled Omaha DUI lawyer at Miltenberger Law Offices as soon as possible.
Penalties for DUI While Driving on a Suspended or Revoked License in Omaha
Nebraska treats this combination of offenses extremely seriously. A conviction can lead to long-term imprisonment, hefty fines, and further license revocation. You need a knowledgeable Omaha DUI defense lawyer on your side right away.
Penalties can include:
| Offense | Charge Level | Jail / Prison Time | Fines | License Revocation |
|---|---|---|---|---|
| Driving While License Revoked (First Offense) | Class II Misdemeanor | Up to 6 months | Up to $1,000 | 1 year additional revocation |
| Driving While Revoked (Subsequent Offense or DUI-Related Revocation) | Class IV Felony | Up to 2 years | Up to $10,000 | 15 years |
| DUI While License Revoked or Suspended for Prior DUI | Class IIA Felony | Up to 20 years | Up to $25,000 | 15 years |
In addition to these criminal penalties, you may also face:
- Mandatory IID installation
- Vehicle impoundment or immobilization
- Alcohol/Drug evaluation and treatment programs
- Probation supervision and random testing
A conviction also leaves a permanent felony record, which can impact future employment, housing, and professional licensing.
How Miltenberger Law Offices Defends DUI While Suspended or Revoked Cases in Omaha
Our Omaha DUI defense attorneys have decades of experience handling complex DUI cases — especially those involving license revocations, administrative penalties, and multiple prior convictions.
We analyze every part of your case to find the cracks in the prosecution’s foundation. Some of our common Nebraska DUI defense strategies include:
- Challenging the legality of the initial stop ( probable cause)
- Questioning the accuracy of BAC testing equipment under the state’s guidelines in Title 177
- Proving your license was not lawfully revoked
- Demonstrating lack of intent or knowledge of revocation
- Arguing procedural errors in your arrest or DMV handling
- Negotiating charge reductions or probation in lieu of jail time
Our experienced DUI defense team in Omaha also coordinates with the Nebraska DMV to contest license revocation and explore ignition interlock eligibility.
DUI Resources in Omaha, NE
- SR-22 Filing Info: Find information about filing form SR-22 (financial responsibility) with the state in order to prove continued insurance coverage.
- Ignition Interlock Devices (IID): See information on all ignition interlock devices approved by the Nebraska DMV.
- Nebraska’s Point System: See a breakdown of how points accrue on your driver’s license, including points for DUI offenses.
- Reinstate Your Nebraska License: Check requirements and pay fees needed for reinstatement of a revoked or suspended license.
- 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 Arrested for DUI While Driving on a Suspended or Revoked License in Omaha
If you’re stopped for DUI while under license suspension or revocation in Omaha or elsewhere in Nebraska, how you respond in the moments after your arrest can significantly affect the outcome of your case. Here’s what to do:
Step 1: Stay Calm & Polite
Cooperate with officers, but do not answer incriminating questions about alcohol, drugs, or your license status. Everything you say can be used against you.
Step 2: Do Not Consent to Field Sobriety Tests (FSTs)
FSTs and eye tests are voluntary in Nebraska, and often unreliable. You can politely decline without penalty.
Step 3: Request an Omaha DUI Defense Attorney Immediately
Invoke your right to legal counsel and call Miltenberger Law Offices at (402) 217-2267 or reach out online before answering any questions or submitting to additional testing. Our DUI while suspended or revoked defense attorneys in Omaha can step in to protect you from self-incrimination.
Step 4: Do Not Drive Again Until Advised
Driving again while revoked can create new felony charges. We’ll help determine your eligibility for ignition interlock permits or restricted driving privileges like the Sobriety Program Permit (SPP).
Step 5: Act Fast on Your Nebraska DMV Hearing
You have only 10 days from your arrest to request an Administrative License Revocation (ALR) hearing with the DMV. We can represent you at that hearing and fight to keep your driving privileges.
Why Choose Miltenberger Law Offices to Defend Your Omaha DUI Charge
When you’re facing a felony-level DUI charge in Omaha, you can’t afford a passive defense. You need a law firm that understands Nebraska DUI law inside and out — and knows how to fight hard for your rights and freedom.
At Miltenberger Law Offices, we provide:
- Decades of criminal trial experience in Omaha and across Nebraska
- Aggressive DUI defense from start to finish
- A proven record of case dismissals and charge reductions statewide
- Direct communication with your attorney, not a paralegal or junior-level employee
- 24/7 availability for urgent calls after an arrest
We’ve helped hundreds of Nebraskans fight serious DUI charges — and we’ll fight for you, too.
Frequently Asked Questions About DUI with a Suspended or Revoked License in Nebraska
Is DUI while driving on a revoked license a felony in Omaha?
Yes. In Nebraska, driving under the influence while your license is revoked for a prior DUI is a Class IIA felony. It carries up to 20 years in prison, $25,000 in fines, and up to 15 years of license revocation.
What if I didn’t know my license was still suspended?
In some cases, lack of knowledge can be a viable defense. If the Nebraska DMV failed to provide notice or there was confusion about reinstatement, your Omaha DUI defense attorney may be able to argue lack of intent — potentially leading to reduced or dismissed charges.
Can I get an ignition interlock permit after a DUI revocation in Omaha?
Yes. Many Nebraska drivers qualify for an Ignition Interlock Permit after serving a mandatory “no driving” period. This allows you to drive legally with a breath-testing device installed in your vehicle. Our Omaha DUI defense team can guide you through the application process.
Can I face both DUI and driving while revoked charges in Nebraska at the same time?
Yes. These are considered separate offenses under Nebraska law, which means prosecutors can pursue both charges simultaneously — resulting in cumulative penalties. A skilled Omaha defense lawyer may be able to consolidate or negotiate reduced charges.
Will a conviction affect my record permanently?
Yes. A felony DUI conviction becomes part of your permanent criminal record and can’t easily be expunged. It can impact job applications, insurance rates, and even housing eligibility. That’s why it’s crucial to fight these charges early with a proven defense team.
Take Action Now — Call an Omaha DUI Defense Lawyer at Miltenberger Law Offices
A DUI charge while driving on a suspended or revoked license is one of the toughest cases Nebraska prosecutors pursue — but with Miltenberger Law Offices on your side, you have an aggressive ally who knows how to fight back.
We’ll protect your license, your record, and your freedom at every stage of your Omaha DUI case. Call us now at (402) 217-2267 or contact us online to schedule a case evaluation with an expert Omaha DUI while driving on a suspended/revoked license defense attorney.
