Under Nebraska law, DUI manslaughter is charged as a felony offense. Also called motor vehicle homicide while under the influence, this charge can quickly become a life-altering criminal case often carrying decades in prison and permanent license revocation.
At Miltenberger Law Offices, we understand how a single mistake can suddenly turn into a devastating, overwhelming situation. You may be feeling fear, guilt, and uncertainty about the future, but you still have rights, and your story deserves to be heard. Our skilled Omaha DUI manslaughter attorneys have defended some of the toughest cases in Nebraska, using expert analysis, strategic defense, and compassionate advocacy to protect your clients’ freedom and futures.
If you’re facing DUI manslaughter charges in Omaha or anywhere else in Nebraska, call us as soon as possible at (402) 217-2267 or reach out online to schedule a free, confidential consultation with one of our expert DUI defense lawyers.
What is DUI Manslaughter in Omaha
Under Nebraska law (Nebraska Revised Statute § 28-306), motor vehicle homicide involving DUI is one of the most serious criminal offenses a driver can face. This charge applies when a person unintentionally causes the death of another individual while operating a vehicle under the influence of alcohol or drugs, or while driving on a revoked license due to a prior DUI conviction.
At its core, the law defines DUI-related motor vehicle homicide as an act of negligence — not intent — but the consequences are still life-changing. A conviction can mean years in prison, long-term license revocation, and a permanent felony record.
To convict someone of DUI manslaughter in Nebraska, prosecutors must prove three things:
- The defendant was operating or in control of a motor vehicle.
- The defendant was under the influence of alcohol, drugs, or a combination of both.
- The impaired driving directly caused or contributed to another person’s death.
Depending on prior DUI convictions and the circumstances, this charge can range from a Class IIA or Class II — among the most severe under Nebraska law.
Nebraska DUI Manslaughter Penalties
A DUI manslaughter conviction can result in years, even decades, of incarceration, along with massive fines, license revocation, and lifelong consequences.
Here’s a breakdown of how Nebraska penalizes DUI manslaughter offenses:
| Offense | Charge Level | Prison Time | Fines | License Revocation |
|---|---|---|---|---|
| DUI Manslaughter (First Offense) | Class IIA Felony | Up to 20 years | Up to $25,000 | Up to 15 years |
| DUI Manslaughter with Prior DUI Conviction | Class II Felony | 1–50 years | Up to $25,000 | 15 years |
| DUI Manslaughter Involving an Unborn Child | Class IIIA or IIA Felony | Up to 3–20 years | Up to $10,000 | Up to 15 years |
Even first-time DUI manslaughter offenders face mandatory prison time, and Nebraska judges take these cases extremely seriously. That’s why it’s critical to have an Omaha DUI defense attorney who knows how to counter aggressive prosecution tactics and build a strong case for your defense.
DUI Motor Vehicle Homicide of an Unborn Child in Omaha
Nebraska is one of the few states that recognizes motor vehicle homicide of an unborn child as a separate and distinct criminal offense. Under Neb. Rev. Stat. § 28-394, a person may be charged with this felony if they unintentionally cause the death of an unborn child while driving under the influence of alcohol or drugs, or while driving with a revoked license due to a prior DUI.
The law defines an “unborn child” as a human being at any stage of development inside the womb. If a DUI crash results in the loss of pregnancy, the driver can face an additional felony charge, even if the mother survives.
Penalties include:
There are two levels of this offense, depending on whether the driver has a prior DUI conviction.
- First DUI-Related Offense:
Classified as a Class IIIA felony, punishable by up to 3 years in prison, 9–18 months of post-release supervision, and/or a fine of up to $10,000. The court will also order a license revocation and driving ban between 60 days and 15 years. This period does not overlap with jail time — it begins only after release. - With Prior DUI Conviction:
Elevated to a Class IIA felony, carrying up to 20 years in prison, along with the same 60-day to 15-year license revocation and driving ban.
This charge is prosecuted separately from any other criminal offense arising from the same event, meaning you can face both DUI manslaughter and motor vehicle homicide of an unborn child charges in the same case.
Due to the emotional weight and legal complexity of these prosecutions, you need an Omaha DUI defense attorney who can balance compassion with aggressive representation. At Miltenberger Law Offices, we approach every case with the understanding that you’re not just a defendant — you’re a person whose future and freedom are on the line.
Why Choose Miltenberger Law Offices for a DUI Manslaughter Defense in Omaha
When your future and freedom are on the line in Omaha or beyond, experience matters. We believe one mistake shouldn’t define your entire life. Our goal is to protect your rights, your record, and your future. At Miltenberger Law Offices, we combine decades of courtroom experience, proven DUI defense success, and personalized legal representation to give clients the strongest possible defense.
We provide:
- A former prosecutor and defense experts who know both sides of the courtroom
- Extensive DUI trial experience in Omaha, throughout Douglas and Sarpy Counties, and across Nebraska
- Compassionate guidance every step of the way
- 24/7 availability for urgent arrests or investigations
DUI Resources in Omaha, NE
- Nebraska DUI Court Best Practice Standards: Learn about the state’s DUI court, which works to increase the participant’s likelihood of successful rehabilitation and protect public safety.
- 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’s Point System: See a breakdown of how points accrue on your driver’s license, including points for DUI offenses.
What to Do If You’re Arrested for DUI Manslaughter in Omaha
If you’ve been arrested or believe you’re under investigation for a fatal DUI accident, what you do next will shape the outcome of your case. Here’s a step-by-step guide to follow in Omaha to protect your rights:
Step 1: Stay Calm & Don’t Say Anything
Never discuss the accident or admit fault to police, insurance agents, investigators, or anyone else. Even expressing remorse can be misinterpreted as an admission of guilt. Politely state that you wish to remain silent until you have an attorney present.
Step 2: Contact a DUI Manslaughter Lawyer Immediately
A DUI manslaughter case in Omaha moves fast — evidence, blood tests, and witness statements can all be used against you. At Miltenberger Law Offices, we intervene early to preserve evidence, manage law enforcement contact, and ensure your rights are protected from the very beginning. Call us at (402) 217-2267 or contact us online for immediate help.
Step 3: Preserve Evidence
Write down what happened before and after the crash while your memory is fresh. Save phone records, GPS data, and contact information for witnesses. Small details can become powerful tools in your defense.
Step 4: Avoid Social Media or Public Discussion
Do not post, text, or message about the incident, particularly on social media. Prosecutors can use your online activity against you in court.
Step 5: Request a DMV Hearing
You only have 10 days to request an Administrative License Revocation (ALR) hearing with the DMV to prevent automatic suspension. Our firm will handle this process immediately to keep your driving privileges intact as long as possible.
How Miltenberger Law Offices Defends Omaha DUI Manslaughter Charges
At Miltenberger Law Offices, we’ve built our reputation on fighting and winning complex DUI cases across Nebraska. We approach each DUI manslaughter case with precision, compassion, and an aggressive defense strategy designed to reduce or dismiss charges whenever possible.
Our DUI defense strategy might include:
- Challenging blood alcohol or drug test results: Were proper protocols followed under Nebraska’s Title 177 regulations and testing standards?
- Disputing causation: Was impairment truly the cause of death, or were other factors, like road conditions, another driver’s actions, or mechanical failure, involved?
- Identifying procedural errors: Unlawful stops, lack of probable cause, or mishandled evidence can lead to dismissal.
- Examining accident reconstruction evidence: We work with forensic experts to challenge the prosecution’s version of events.
Our skilled DUI manslaughter attorneys handle every stage of your case — from DMV hearings and arraignment through pretrial motions, negotiations, and trial — with total dedication to protecting your rights.
DUI Manslaughter vs. Vehicular Homicide Charges in Nebraska
It’s important to understand the difference between vehicular homicide and DUI manslaughter in Nebraska:
| Charge Type | Involves DUI? | Charge Level | Maximum Penalty |
|---|---|---|---|
| Motor Vehicle Homicide (Ordinary Negligence) | No | Class I Misdemeanor | 1 year in jail, $1,000 fine |
| Motor Vehicle Homicide (Reckless Driving) | No | Class IIIA Felony | 3 years in prison, $10,000 fine |
| DUI Manslaughter (Under the Influence) | Yes | Class IIA or II Felony | 20–50 years in prison, $25,000 fine |
Frequently Asked Questions About DUI Manslaughter in Omaha
Is DUI manslaughter the same as vehicular homicide in Nebraska?
Not exactly. Vehicular homicide applies when someone causes death through negligent or reckless driving. DUI manslaughter adds the element of alcohol or drug impairment, which makes it a felony.
Can I go to prison even if it was an accident?
Yes. DUI manslaughter is prosecuted as a felony, regardless of intent. However, the right defense strategy can sometimes reduce charges or minimize sentencing.
Can my DUI manslaughter charge in Omaha be reduced or dismissed?
Possibly. If we can prove testing errors, procedural violations, or a lack of causation between intoxication and death, we can argue for charge reductions or dismissal.
Will I lose my driver’s license permanently?
You may face a 15-year revocation, but reinstatement is possible after serving your sentence and installing an ignition interlock device.
How soon should I call a DUI manslaughter in Omaha?
Immediately. Time-sensitive evidence, like blood test results, accident scene data, and witness statements, can be lost within days. The earlier we start, the better your chances.
Contact Miltenberger Law Offices — Your Omaha DUI Manslaughter Defense Team
If you’re facing a DUI manslaughter charge in Omaha, don’t wait. Prosecutors are already building their case — you should be building your defense with the DUI defense team at Miltenberger Law Offices.
Call us right now at (402) 217-2267 or reach out online to get started on the best possible outcome.
