A DUI accident charge in Omaha is among the most serious offenses a driver can face. When an impaired driving allegation involves an injury or fatality, prosecutors move fast, and the potential penalties are life-changing.
At Miltenberger Law Offices, our Omaha DUI accident defense lawyers understand that every case has two sides. We know that not every collision involving alcohol is the result of recklessness, and not every accused driver is guilty. Our mission is to protect your rights, challenge the evidence, and fight to keep your freedom intact.
When you’re facing a felony DUI with injury or a vehicular homicide charge, experience matters, and Miltenberger Law delivers strategic, aggressive defense built on decades of criminal law practice in Nebraska courts. Call us right away at (402) 217-2267 or contact us online for a free, confidential consultation.
Understanding DUI Accident Charges in Omaha
Nebraska law takes an especially harsh stance on DUI-related crashes. Depending on the outcome of the accident, you may face felony charges, including motor vehicle homicide, serious bodily injury by motor vehicle, or aggravated DUI.
Here are some of the charges you could face following a DUI accident in or around Omaha:
1. DUI Causing Serious Bodily Injury
Under Nebraska Revised Statute § 60-6, 198, causing “serious bodily injury” while driving under the influence is a Class IIIA felony, punishable by:
- Up to 5 years in prison
- Fines up to $10,000
- License revocation for 60 days to 15 years
- Mandatory ignition interlock upon reinstatement
2. DUI Causing Death
If a drunk driving accident results in a fatality, the case becomes motor vehicle homicide while under the influence, one of the most serious crimes in Nebraska — which is why immediate, skilled legal representation is critical:
- First-time DUI resulting in death is a Class IIA felony, punishable by up to 20 years in prison.
- Repeat offender DUI resulting in death is a Class II felony, carrying 1 to 50 years in prison and a 15-year license revocation.
3. Aggravated DUI
If your blood alcohol concentration (BAC) is .15% or higher, the state may pursue an aggravated DUI enhancement. This increases penalties, adds mandatory jail time, and can elevate charges when combined with an accident causing injury or death.
Common aggravating factors in Omaha include:
- Injury or death caused while under the influence
- Refusing a chemical test
- A child under 16 in the vehicle
- Repeat DUI offenses within the 15-year look back period
- High-speed crashes or reckless driving
What Happens After a DUI Accident Arrest in Omaha
When a DUI accident occurs, law enforcement and prosecutors treat it differently from a standard DUI stop. The investigation is far more intensive and often involves multiple agencies:
- Scene Investigation: Police reconstruct the crash, gather statements, and request chemical tests.
- Arrest & Booking: You’ll be taken into custody, often after medical clearance.
- Chemical Testing: Blood or breath results become central to the case.
- Felony Filing: Prosecutors file charges quickly, often before the full investigation concludes.
- Arraignment & Bail: You’ll appear in Douglas County Court or District Court, where bond and initial pleas are determined.
Having a skilled Omaha DUI accidents lawyer involved immediately after the arrest can make the difference between facing decades in prison and securing reduced or dismissed charges.
How Miltenberger Law Defends DUI Accident Cases
At Miltenberger Law Offices, we take a forensic approach to DUI accident defense, combining experience in criminal litigation with a detailed understanding of Nebraska’s DUI laws, evidence rules, and scientific testing procedures.
Our Omaha DUI accident defense strategy includes:
- Challenging the Stop & Arrest
We analyze whether the officer had probable cause for the stop and whether field sobriety tests or BAC testing were conducted properly. An illegal stop or procedural violation can lead to suppressed evidence, and a significantly stronger defense. - Investigating the Crash Scene
We work with accident reconstruction experts to identify whether speed, weather, or another driver contributed to the collision. DUI charges must prove causation, not just alcohol consumption. - Scrutinizing BAC and Blood Test Evidence
Nebraska Title 177 sets strict standards for chemical testing. We examine every step — calibration, chain of custody, technician certifications, and timing — to expose errors that can make test results inadmissible. - Separating Criminal Allegations from Civil Liability
Prosecutors may claim you caused harm, but causation isn’t always clear. We counteract emotional arguments with evidence and expert testimony that challenge the prosecution’s narrative. - Negotiating and Mitigating Felony Consequences
When trial isn’t the best option, we leverage early intervention to reduce charges or sentencing exposure. We aim for outcomes that protect your future, from probation or diversion to minimized incarceration and license restoration.
DUI Resources in Omaha, NE
- SR-22 Filing Info: Information on filing form SR-22 (financial responsibility) with the state proving continued insurance coverage.
- 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.
- Ignition Interlock Devices (IID): Find information on ignition interlock devices approved by the Nebraska DMV.
- Nebraska DUI Court Best Practice Standards: See details about the state’s DUI court, which works to protect public safety and increase the participant’s likelihood of successful rehabilitation.
What to Do If You’re Arrested for a DUI Accident in Omaha
Being arrested after a DUI-related accident in Omaha is a frightening and confusing experience, especially if someone was hurt or worse. You might be unsure of what to say, whether to take a test, or how serious the situation really is. The truth is, what you do in the first few hours after an arrest can have a major impact on how your case unfolds.
Here are the steps to take to protect your rights and your future in the Omaha area:
Step 1: Stay Calm & Cooperate, But Say as Little as Possible
Emotions run high after an accident, but this is the time to stay composed. Be polite and cooperative with officers, but remember: you are not required to answer incriminating questions. Beyond providing your name, license, and registration, exercise your right to remain silent. Even casual remarks like “I only had a couple drinks” or “I didn’t mean to hurt anyone” can be twisted into evidence later.
Step 2: Do Not Content to Unnecessary Testing or Searches
While Nebraska’s implied consent law requires you to take a post-arrest breath or blood test, you do not have to agree to roadside field sobriety tests or voluntary searches. Officers often use these tests to build probable cause before arrest. Politely decline and ask for your attorney.
Step 3: Request a Lawyer Immediately — and Call Miltenberger Law Offices
Once you are arrested, it’s vital to have a DUI defense attorney involved as soon as possible. Our team at Miltenberger Law Offices is available 24/7 to take your call, speak to law enforcement on your behalf, and start protecting your case before formal charges are even filed. Call (402) 217-2267 or reach out online. We can immediately:
- Intervene with prosecutors before they finalize charges
- Request preservation of key evidence (bodycam footage, crash data, test results)
- Represent you at bail hearings to help you get released quickly
- Begin investigating the cause of the crash to challenge the state’s version of events
Step 4: Avoid Talking About the Case, Especially Online
Prosecutors can and do monitor defendants’ social media accounts. Even innocent posts or messages can be taken out of context and used against you in court. Do not discuss your case with anyone except your Omaha DUI accidents lawyer — not friends, not family, and definitely not online.
Step 5: Document Everything You Remember
As soon as you can, write down your version of what happened — what you drank (if anything), how much time passed before driving, where you were headed, and what you recall from the scene. Include details about police behavior, testing procedures, and anyone who might have witnessed the crash. These early notes often become invaluable in identifying inconsistencies or procedural errors.
Step 6: Prepare for Your First Court Appearance
After your arrest, you’ll likely have an arraignment in Douglas County Court or District Court within a few days. At this hearing, charges are formally read, bail conditions are set, and your plea is entered. Having a DUI defense attorney in Omaha appear with you not only protects you legally but also sends a message to the judge and prosecution that you’re serious about fighting your case.
Possible Defenses in an Omaha DUI Accident Case
Every case is unique, but common defenses include:
- Lack of probable cause for the stop or arrest
- Inaccurate or contaminated BAC testing
- Improperly obtained blood samples
- Mechanical failure or third-party fault in the crash
- Violation of Miranda rights or constitutional errors
- Failure to prove intoxication was the cause of the crash
- Aggressive courtroom defense from trial-tested attorneys
- Deep knowledge of Nebraska DUI law, testing procedures, and accident forensics
- Strong relationships with Omaha judges and prosecutors
- 24/7 availability for urgent DUI arrests
- Compassionate guidance every step of the way
Our Omaha DUI defense attorneys are trial-ready, and we’re not afraid to challenge the state’s case before a jury.
Why Choose Miltenberger Law Offices for Your DUI Accident Defense in Omaha
Not all defense attorneys are built for high-stakes DUI accident cases.
At Miltenberger Law Offices, our legal team brings decades of experience handling Nebraska’s most complex felony DUIs — including those involving injury, death, or aggravating circumstances.
When everything is on the line, your freedom, your license, your reputation, you need a DUI defense team in Omaha that’s been here before. When you hire us, you get:
Frequently Asked Questions About DUI Accident Charges in Omaha
Is DUI with injury a felony in Nebraska?
Yes. Under Nebraska Revised Statute § 60-6,198, causing “serious bodily injury” while driving under the influence is charged as a Class IIIA felony, carrying up to 5 years in prison, fines, and a lengthy license revocation. If the crash results in a fatality, the charge can escalate to motor vehicle homicide, a Class IIA or Class II felony with sentences up to 50 years in prison.
What if the accident in Omaha wasn’t entirely my fault?
That’s one of the first things we investigate. Even if you were over the legal limit, prosecutors must still prove your impairment directly caused the crash. Factors like weather conditions, road hazards, or another driver’s negligence can play a major role. Our defense team works with accident reconstruction experts to challenge the state’s assumptions about fault.
Can I go to jail for a first-time DUI accident in Omaha?
Yes, but not always. Even first-time offenders can face felony charges if injuries or fatalities occurred. However, with strong representation, it’s often possible to reduce charges, avoid extended jail time, or negotiate alternative sentencing such as probation, treatment, or community service. Each case depends on the facts, and early intervention can make a huge difference.
What happens to my driver’s license after a DUI accident?
Your license is at risk of administrative suspension through the Nebraska DMV’s Administrative License Revocation (ALR) process. You have 10 days from your arrest to request a hearing, or your license will be automatically suspended. The Omaha DUI defense team at Miltenberger Law Offices can represent you at this hearing, challenge the evidence, and pursue an ignition interlock permit so you can continue driving legally.
What if someone was killed in the Omaha accident, am I charged with murder?
No. DUI-related fatalities in Nebraska are prosecuted under motor vehicle homicide laws, not traditional murder statutes. However, the penalties can be just as severe, especially for repeat offenders. These cases are complex and emotionally charged. Having a relentless and experienced Omaha felony defense attorney is crucial to ensuring your side is heard and your rights are upheld.
Can Miltenberger Law Offices represent me before charges are filed in Omaha?
Absolutely. In fact, early representation is one of the most powerful steps you can take. Prosecutors often decide how to charge a DUI accident within days of the incident, and having an attorney communicate with investigators can influence the trajectory of the case. We can present mitigating evidence, correct misunderstandings, and sometimes prevent the harshest charges before they’re filed.
What should I tell my insurance company?
Contact your insurer to report that an accident occurred, but do not discuss details or fault until you’ve spoken with your Omaha DUI accidents attorney. Statements made to insurance adjusters can be used in the criminal case. We can communicate on your behalf to protect both your criminal defense and your insurance interests.
How soon should I contact a DUI accident defense lawyer in Omaha?
Immediately. Every hour counts. Critical evidence, such as surveillance video, vehicle data, and blood test logs, can be lost or altered within days. The sooner Miltenberger Law Offices is involved, the sooner we can protect your rights, preserve evidence, and begin building your defense.
Call Miltenberger Law Offices — Omaha’s DUI Accident Defense Team Today
When you’re accused of causing a DUI-related accident, your freedom, license, and reputation are all on the line. Don’t face this alone.
The DUI defense team at Miltenberger Law Offices has decades of experience defending clients in Omaha and across Nebraska against DUI with injury, aggravated DUI, and motor vehicle homicide charges. You need a lawyer who doesn’t mind fighting for your future.
Call (402) 217-2267 or contact us online right now to schedule a case evaluation.
