DUI First Offense Lawyer in Omaha | Leading Nebraska DUI Defense

A first-time DUI arrest in Omaha, or anywhere else in Nebraska for that matter, is not something you anxiously anticipate. One mistake, one traffic stop, just a tad too much to drink, and suddenly you’re facing serious penalties, a suspended driver’s license, and lasting consequences that can follow you for years. But a first DUI charge is not the end of the road. With the right Omaha DUI first offense lawyer, you can protect your record, minimize penalties, and move forward with your life.

At Miltenberger Law Offices, our Omaha DUI defense attorneys understand what’s at stake. And you’re not alone. In a recent study, Omaha was identified as having the highest rate of DUI among the 50 largest cities in the U.S. — recording nearly 4.5 DUIs per 1,000 drivers. The average is 1.90.

We have decades of experience and have successfully represented numerous first-time offenders in Omaha and across Nebraska, helping clients avoid jail, keep their licenses, and preserve their futures. From challenging the stop to negotiating reduced charges, we know how to fight for the best outcome possible.

If you’re facing a first-offense DUI charge in Omaha, call us immediately at (402) 217-2267 or contact us online to schedule a free, confidential consultation with one of our skilled DUI defense attorneys.

Understanding DUI First Offense Charges in Omaha, NE

In Nebraska, a first-time DUI is defined under Nebraska Revised Statute § 60-6,196, as operating or being in “actual physical contact” with a motor vehicle while impaired by alcohol or drugs or with a blood alcohol concentration (BAC) of .08% or higher. In fact, you could be arrested for simply sitting in the driver’s seat with the keys in the ignition.

Even as a first-time offender, Nebraska law treats DUI charges seriously. Depending on your BAC level and whether any aggravating factors exist, such as an accident or refusal to submit to a test, penalties can vary.

DUI First Offense Penalties in Omaha

A first-time DUI conviction in Omaha can lead to both criminal and administrative penalties. If you’re convicted, you will need to undergo a mandatory alcohol assessment under Neb. Rev. Stat. § 60-6,197.08. Based on these results, a judge can order you to attend an alcohol treatment program or DUI education.

A DUI first offense in Omaha with a BAC under .15% is a Class W misdemeanor. If convicted, you face:

License Suspension:
- BAC of .08% – .149%: 6-month revocation
- BAC of .15% or higher: 1-year revocation and ignition interlock requirement
Jail Time: Up to 60 days in jail (though many first-time offenders may qualify for probation).
Fines: Between $500 and $1,000, depending on BAC and case circumstances.
Ignition Interlock Device (IID): Required for driving privileges during suspension.
Criminal Record: A DUI conviction in Omaha becomes part of your permanent record and can impact insurance, employment, and professional licenses.

If you refused a breath or blood test, you could face an automatic one-year license revocation under Nebraska’s implied consent law, even before your Omaha criminal case begins.

These severe penalties are sufficient enough to call a skilled Omaha DUI first offense lawyer at the Milternberger Law Offices right now at (402) 217-2267 or reach out online.

How Miltenberger Law Defends DUI First Offense Charges in Omaha

At Miltenberger Law Offices, we don’t treat your first DUI in Omaha like a lost cause. No, we build your DUI defense strategically, focusing on the technical, procedural, and constitutional details that can make or break your case.

Our expert Omaha DUI lawyers will:

Fight to Protect Your License — Our DUI first offense lawyers handle both the criminal case and the Administrative License Revocation (ALR) hearing with the DMV.
Challenge the Traffic Stop — Was there a valid reason for the officer to pull you over?
Review Testing Procedures — Breath and blood tests must follow strict guidelines. Errors in calibration, handling, or timing can make results unreliable.
Scrutinize Police Reports — Inconsistencies or rights violations can lead to evidence suppression.
Negotiate & Advocate — When dismissal isn’t possible, we fight for probation, diversion, or charge reduction to reckless driving.

Every case is unique, and our legal team tailors your defense to the specific facts of your case. We do not take some cookie-cutter approach. After all, your future is at stake, and we’re happy to help protect it.

DUI First Offense Attorney Omaha | Leading DUI Defense in Nebraska

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.
Ignition Interlock Devices (IID): Find information on 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 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 After a DUI Arrest in Omaha

Being arrested for DUI can be disorienting and frightening, especially if it’s your first encounter with the Omaha criminal justice system. But the actions you take in the hours and days following your arrest can significantly influence your case. Here are the steps you should take immediately to protect your rights, your license, and your future.

Step 1: Stay Calm and Be Respectful

Even if you believe the stop or arrest in the Omaha area was unjustified, remain calm and cooperative. Do not argue with officers or resist arrest. Everything you say or do, from the tone of your voice to your body language, can be included in a police report or seen on body camera footage. Staying composed demonstrates credibility later when your Miltenberger Law Offices Omaha DUI defense attorney challenges the stop or arrest.

Step 2: Exercise Your Right to Remain Silent

Once you’re in custody, law enforcement may ask questions designed to elicit incriminating statements. You are only required to provide basic identifying information such as your name, address, and date of birth. Beyond that, politely decline to answer further questions until your Omaha DUI defense lawyer is present. A simple statement like, “I am invoking my right to remain silent and want to speak with my lawyer” is enough.

Step 3: Request a DUI Defense Attorney Immediately

Having legal representation early can make all the difference in Omaha. Your DUI lawyer can guide you on whether to take a chemical test, request an administrative hearing, or challenge probable cause. At Miltenberger Law Offices, we act fast to review your arrest, protect your driver’s license, and gather critical evidence — before it disappears. The sooner we’re involved, the stronger your defense can be.

Step 4: Write Down Everything You Remember

Details fade quickly, but even small observations can help your case. As soon as possible, jot down everything you recall about the traffic stop, any field sobriety tests, and interactions with officers. Note the time, location, and conditions (lighting, road surface, weather), and whether the officer explained your rights. If anyone witnessed the stop or arrest in or around Omaha, write down their names and contact information.

Step 5: Avoid Discussing Your Case with Anyone

Do not post about your arrest on social media, text friends about it, or try to explain your side of the story publicly. Prosecutors can subpoena online posts and messages, and even casual comments can be used against you. Discuss your case only with your Omaha DUI first offense lawyer.

Step 6: Protect Your Driver’s License

In Nebraska, a DUI arrest automatically triggers an ALR through the DMV. You only have 10 days from the date of arrest to request a hearing to contest the suspension. If you miss this window, your license will be automatically revoked, even if you haven’t been convicted. The DUI defense team at Miltenberger Law Offices can file this request for you immediately and fight to keep you driving legally through an ignition interlock permit.

Step 7: Follow All Court and DMV Instructions Carefully

Pay attention to paperwork you receive at release or arraignment — it will include important dates and deadlines. Missing a court appearance or hearing can lead to a warrant for your arrest or automatic suspension of your driving privileges. Keep all documents organized and forward copies to your DUI attorney.

The Consequences of a DUI Conviction in Omaha

A DUI conviction doesn’t end with a fine or suspension — it can ripple through every part of your life. Your insurance rates may skyrocket, you could lose professional licensing or security clearance, and your record may limit job opportunities.

For students and professionals, even a first-offense DUI can affect financial aid, career advancement, and community reputation. That’s why immediate, skilled legal help is so critical, because a mistake shouldn’t define your future.

Why Choose Miltenberger Law Offices for Your First DUI Offense in Omaha

Not all DUI attorneys are created equal. At Miltenberger Law Offices, our firm is built on decades of experience in criminal defense in Omaha and across Nebraska, and our record speaks for itself.

Here’s what separates us from other firms:

Experienced DUI Trial Lawyers: Most defense attorneys simply want to do whatever it takes to not go to court. We aren’t afraid to go to trial, and we have decades of courtroom experience in Omaha and surrounding counties.
Proven Results: We’ve helped numerous clients in Omaha and across Nebraska avoid convictions and keep their records clean.
Personalized Defense Strategies: Every DUI case, no matter if it’s your first or fourth, receives one-on-one attention.
Local Knowledge: Our DUI defense attorneys know the judges, prosecutors, and DMV hearing officers in Omaha, across Douglas County, and throughout Nebraska.
Responsive Support: We’re available when you need us, as DUI charges often happen outside of normal business hours, and because your case can’t wait.

DUI First Offense FAQs

Will I go to jail for a first-time DUI in Nebraska?

Not always. Many first offenders qualify for probation, diversion, or a reduced charge, especially with the right legal representation. You can contact the DUI first offense lawyers at Miltenberger Law Offices anytime, 24/7.

Do I have to perform a field sobriety test?

No. You are not legally required to submit to a field sobriety test in Omaha or anywhere else in Nebraska. However, refusing to perform the test does not prevent a law enforcement officer from arresting you if they have other evidence of impairment, including the smell of alcohol or slurred speech.

Can I drive after a DUI arrest?

You may be eligible for a temporary license or ignition interlock permit, depending on your BAC and whether you refused testing.

Can a DUI be removed from my record?

Nebraska law allows for DUI record sealing in limited cases, but this depends on sentencing and completion of probation. Your attorney can guide you on eligibility.

Should I plead guilty to a first DUI in Omaha?

Never plead guilty without speaking to an experienced DUI lawyer. There may be grounds to challenge the stop, test, or arrest procedures.

Take Control of Your Future Now — Call an Omaha DUI Defense Attorney at Miltenberger Law Offices

A first DUI offense can feel like the end of the world, but with the right legal defense, it’s often a second chance in disguise. At Miltenberger Law Offices, we fight to protect your freedom, your license, and your reputation.

Don’t face this alone. Your best DUI defense in Omaha starts right now. Call (402) 217-2267 or reach out online.