When a DUI accident results in injury, prosecutors in Omaha and across Nebraska often file felony assault charges in addition to DUI. These cases, often called DUI assault or vehicular assault, carry harsh penalties, including years in prison, thousands in fines, and long-term license loss.
If you’re accused of injuring another person while driving under the influence, your future and freedom are at stake. You need more than a general defense lawyer, you need an Omaha DUI assault attorney who understands how to dismantle the state’s case from the ground up.
At Miltenberger Law Offices, we’ve successfully defended numerous clients in Omaha and across Nebraska facing serious felony DUI charges, using proven defense strategies, expert accident reconstruction, and aggressive negotiation to reduce or dismiss charges.
If you’re facing DUI assault charges in Omaha or anywhere else in Nebraska, call us right now at (402) 217-2267 or reach out online to schedule a free, confidential consultation.
What is Considered DUI Assault in Nebraska?
In Nebraska, DUI assault occurs when someone causes serious bodily injury to another person while driving under the influence of alcohol, drugs, or a combination of both. This offense is covered under Nebraska Revised Statute § 60-6,198, which makes it illegal to operate a vehicle under the influence in a way that directly leads to another person’s injury. While not a separate charge called “assault,” the act of causing a serious injury while committing a DUI is treated as a felony even if the injuries were unintentional.
To be convicted of DUI assault, the prosecution must prove:
- You were operating or in actual control of a vehicle.
- You were under the influence of alcohol, drugs, or both.
- Your actions caused serious bodily injury to another individual.
Under Neb. Rev. Stat. § 28-109, serious bodily injury means an injury that:
- Poses a substantial risk of death
- Causes permanent disfigurement
- Results in long-term or permanent loss or impairment of a body part or function
Penalties for DUI Assault in Omaha
A conviction for DUI assault in Omaha or elsewhere in Nebraska can lead to severe criminal penalties, life-changing consequences, and a permanent felony record. The penalties depend on your blood alcohol concentration (BAC) level and any prior DUI convictions.
Penalties could include:
| Offense | Charge Level | Prison Time | Fines | License Revocation |
|---|---|---|---|---|
| DUI Causing Serious Bodily Injury (First Offense) | Class IIIA Felony | Up to 3 years in prison | Up to $10,000 | Up to 15 years |
| DUI Assault with Prior Convictions or High BAC (≥ .15%) | Class IIA Felony | Up to 20 years in prison | Up to $25,000 | Up to 15 years |
Additionally, the court may impose ignition interlock requirements, continuous alcohol monitoring, mandatory treatment programs, and post-release supervision.
Consequences Beyond the Courtroom in Nebraska
A felony DUI assault conviction doesn’t just mean jail time. It can also lead to:
- A permanent criminal record
- Loss of employment or professional licenses
- Higher insurance premiums or policy cancellation
- Immigration consequences for non-U.S. citizens
- Damaged reputation and personal relationships
That’s why you need an Omaha DUI defense attorney who not only defends you in court but also works to protect your long-term future — Miltenberger Law Offices.
Why Hire Miltenberger Law Offices to Defend Your Omaha DUI Assault
With decades of experience defending clients across Nebraska, Miltenberger Law Offices is a trusted name in DUI and criminal defense. Our attorneys have handled hundreds of felony DUI cases, and we know how prosecutors build, and overreach, in Omaha DUI assault cases. We don’t just defend — we relentlessly fight for your freedom, your record, and your reputation.
Why clients choose us:
- Extensive experience in felony DUI defense
- Aggressive, trial-ready representation
- Deep understanding of DUI science and procedure
- Proven success in case dismissals and reductions
- Available 24/7 for emergency calls and consultations
DUI Resources in Omaha, NE
- Nebraska’s Point System: See a breakdown of how points accrue on your driver’s license, including points for DUI offenses.
- Ignition Interlock Devices (IID): See information on 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: 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 Charged With DUI Assault in Omaha
If you’ve been accused of DUI assault or felony DUI in Omaha or anywhere else in Nebraska, what you do next can drastically impact the outcome of your case. Here’s a step-by-step guide to protect yourself:
Step 1: Stay Calm & Avoid Incriminating Statements
Do not admit fault or try to explain what happened. Anything you say can be used against you. Politely exercise your right to remain silent until you’ve spoken with an Omaha DUI assault attorney.
Step 2: Request an Omaha DUI Defense Attorney Immediately
Ask to contact your Omaha DUI assault lawyer and call Miltenberger Law Offices at (402) 217-2267 as soon as possible. We’ll step in immediately to handle communication with police, protect your rights, and start investigating the case.
Step 3: Do Not Consent to Field Sobriety Tests
Field tests and eye exams are voluntary in Nebraska and are often misinterpreted by officers. Politely decline until you’ve consulted with an Omaha DUI defense attorney.
Step 4: Document Everything
Write down what happened as soon as possible — where the crash occurred, who was involved, what the officers said, and any witnesses nearby. Even small details can be crucial to your defense.
Step 5: Request a Hearing With Nebraska DMV
You have 10 days from your arrest to request an Administrative License Revocation (ALR) hearing with the Nebraska DMV to challenge the automatic license suspension. Our firm will handle this for you and fight to preserve your driving privileges.
Defending Against DUI Assault Charges in Nebraska
DUI assault cases are complex — involving accident reconstruction, toxicology, and medical testimony. Every case is different, and we build your defense from the facts, not assumptions. At Miltenberger Law Offices, we use a detailed and aggressive approach to protect your rights and get the best possible outcome.
Our defense strategies might include:
- Challenging the Traffic Stop: Was there valid probable cause for the stop or arrest?
- Questioning BAC Accuracy: Were blood, breath, or urine tests administered correctly and within Title 177 guidelines?
- Disputing Causation: Did your actions actually cause the injury, or was it due to another driver, mechanical issue, or road condition?
- Exposing Police or Procedural Errors: Improper testing, mishandled evidence, or constitutional rights violations can result in dismissal or suppression.
- Examining Medical Evidence: Does the alleged injury legally qualify as serious bodily injury?
Frequently Asked Questions About DUI Assault in Omaha
Can I be charged with both DUI and DUI assault in Omaha?
Yes. Nebraska law treats DUI assault as a separate offense from a standard DUI. That means you can face two felony charges for the same incident (depending on your history) — one for impaired driving and another for causing injury.
What qualifies as DUI assault in Nebraska?
DUI assault occurs when a person causes serious bodily injury to another while operating a vehicle under the influence of alcohol, drugs, or a combination of both.
What counts as serious bodily injury in Omaha?
Nebraska law defines serious bodily injury as any harm that:
- Creates a substantial risk of death
- Causes permanent disfigurement
- Leads to long-term or permanent impairment of a body part or organ
Examples could include head trauma, fractures, paralysis, or injuries requiring major surgery.
Do I have to go to jail for DUI assault in Nebraska?
Not necessarily. While the penalties are severe, your Omaha DUI defense attorney may be able to negotiate reduced charges, secure probation, or seek alternative sentencing like treatment programs or community service.
What happens to my driver’s license after a DUI assault arrest in Omaha?
If you’re charged with DUI assault, your driver’s license may be immediately suspended by the Nebraska DMV. You have only 10 days from your arrest to request an ALR hearing to challenge the suspension.
Get Help From an Omaha DUI Assault Lawyer at Miltenberger Law Offices Today
If you’ve been charged with DUI assault or causing injury while under the influence in Omaha or anywhere else in Nebraska, your best move is to get legal help immediately. The sooner we begin your defense, the more options we have to protect you.
Call us now at (402) 217-2267 or contact us online to schedule an evaluation with one of our expert DUI assault lawyers in Omaha.
